BASAGOUDAPPA Vs. GURUGOUDA

JUDGEMENT

(1.) THE brief facts of the case not in dispute are that on 17. 1. 91 general Body of the Bijapur Liberal District Educational Association, elected Sri B. D. Jatti as its President and Sri H. B. Patil as the general Secretary for a period of five years ending on 16. 11. 96. The said General Body authorised the President to nominate or appoint office bearers as per the Bye-law No. 12 of the Association. Accordingly, charge report was submitted to the Asst. Charity commissioner as required under Section 22 of the Bombay Public trust Act (for short 'the Act') and the changes were entered in the register.

(2.) B. D. Jatti the then President found deadlock in the Association and exercising his power under Bye-law No. 33 (e) superceded the governing Body and he assumed all the powers of the Governing body in 1993. Being aggrieved by the President's action, an original suit came to be filed. Ultimatly, the matter went up to the Supreme court and the Hon'ble Supreme Court found that neither the president nor the Secretary has the power to appoint or nominate any members of the Governing Body. Therefore, the Supreme Court appointed the District Judge, Bijapur, as the Returning Officer and directed to hold the election for the post of Vice President and members of the Governing Body. Accordingly, election was held. After that, B. D. Jatti tendered his resignation on 9. 3. 95 addressing a letter to the Secretary. The Governing Body accepted the resignation on 20. 3. 95. One Sri B. S. Patil of Kumte was elected as President for the remaining period as the resolution No. 3 dated 20. 3. 95 by the Governing Body. On 9. 10. 95, the present respondent who is the treasurer of the Association filed a charge report as contemplated under Section 22 of the Bombay Trust Act to delete the name of b. D. Jatti and to include the name of Sri B. S. Patil, Kumta as the president of the Association.

(3.) THE present appellant who is the member of the Association being a person interested in the welfare of the association filed objections to the changed report on the ground that it is only the general Body which has to elect the President and can accept the resignation and not the Governing Body. The acceptance of the resignation by the Governing Body on 10. 3,95 is illegal and consequently nominating B. S. Patil as President also is illegal as per the Bye-law No. 48. Further, it is also contended that the Treasurer had no power to file changed report. The Asst. Charity Commissioner rejected these objections and accepted the changed report in Inquiry no. 776/95 vide order dated 20. 3. 96. Subsequently on appeal in appeal No:7/96 the Charity Commissioner set aside the order of the asst. Charity Commissioner Appeal No. 7/96. Thereafter, an appeal was preferred to the Dist. Judge, Bijapur, under Section 72 (1) which was regd. as Misc. Appln. No. 60/96. However, the Dist. Judge endorsed the view expressed by the Asst. Charity Commissioner and set aside the order passed by the Charity Commissioner, under the impugned order dated 9. 1. 98. Being aggrieved by that order, this appeal is preferred under Section 72 (2) of the Act.