GOPAL JYOTIBA SADARE Vs. RAMAKRISHNA BHIMARAO KOLEKAR

JUDGEMENT

(1.) The petitioners are the applicants before the Charity Commissioner, the 6th respondent herein. In the application presented under Section 51 of the Bombay Public Trusts Act, 1950, (hereinafter referred to as the Act) the petitioners prayed for permission to file a suit to obtain appropriate directions in the interest of the Trust in which they were interested. The said Trust is known as 'Shri Namdev Hari Mandir, Dharwad'.

(2.) Their mam allegations against the trustees were that the trustees had not collected therents properly from the tenaments belonging to the Trust; that the trustees refused to maintain proper accounts and refused to show the accounts at a general body meeting. Despite the irregularities having been brought to the notice of the Assistant Charity Commissioner, Belgaum, the accounts were audited over-night by the auditor of the Assistant Charity Commissioner's office pointing out the irregularities and bogus accounts were shown to him. Despite that, the Assistant Charity Commissioner did not take cognizance. They also alleged that they were interested in the Trust and some of the trustees had been elected contrary to the customs and practice of the Trust. Therefore, the need to obtain appropriate directions from a Civil Court of competent jurisdiction in order to see that the Trust functioned properly.

(3.) Respondents 1 to 5 arrayed as such filed their objections denying the averments. They specifically stated that the rents from the tenaments were not Rs. 2,000/- as asserted by the petitioners. But on the average they amounted to Rs. 140/- per month. They also submitted that they were elected as trustees as far back as in the year 1964 and a change report was filed in the office of the Assistant Charity Commissioner and orders were obtained in Enquiry No. 440/1964 accepting the change. That order was passed on 10-2-1965 in the names of all the respondents and they were entered as new trustees. They further averred that the income of the Trust was Rs. 32/- per month which was hardly sufficient to meet the day today expenses of the Mandir and a sum of Rs. 60/- per year was also collected by way of donations and at times of marriages etc. They averred that they had considerably improved the financial position of the Trust and that they had maintained the accounts in accordance with the directions issued by the Assistant Charity Commissioner, Belgaum, and had them audited as per the directions of the Assistant Charity Commissioner. They pointed out, they had no office clerk to maintain the regular accounts etc., and the statements had been prepared by the trustees themselves. It was made known at the general body meeting of the members twice a year. They also alleged that the applicants had filed criminal complaints concocting certain falsehood to harass the respondents.