MANISHBHAI NARENDRAKUMAR PANDYA Vs. JOINT CHARITY COMMISSIONER AHMEDABAD

JUDGEMENT

(1.) The petitioner claiming to be a Member as well as a beneficiary of one Shri Daskoshi Trivedi Mevada Braham Samaj (hereinafter referred to as "the Trust"), registered under the provisions contained in Bombay Public Trust Act, 1950 (hereinafter referred to as "the said Act"), has challenged the impugned order dated 30.6.2020 passed by the respondent No.1 - Joint Charity Commissioner, in Judicial Misc. Application No.56 of 2019 filed by the petitioner seeking direction under Section 41A of the said Act, whereby the respondent No.1 while dismissing the said application has directed the concerned respondents to submit the change report and other books of accounts of the Trust within six months of the date of the orders.

(2.) The respondent No.6 Mahendrabhai Manibhai Pandya has resisted the petition by filing an affidavit ? in ?reply to which the petitioner has filed an affidavit ?in ?rejoinder. The said respondent No.6 has filed affidavit ?in ?sur ?rejoinder.

(3.) The short facts necessary to decide the present petition are that the Trust was registered under the said Act on 6.5.2008. Clause ?II of the Trust Deed prescribed a mode for the appointment of Trustees, according to which the first set of Trustees was required to conduct the election within six months of the establishment of the Trust and thereafter the elections of the Trustees were to be held every three years. According to the petitioner, the respondent No.2 to 8 continued to remain Trustees of the Trust from its incorporation in utter disregard of the said Clause of the Trust Deed. It has also been alleged that the audited books of accounts of the Trust were also not submitted before the Assistant Charity Commissioner in accordance with the Section 33 of the said Act, since March 2012. On 10.6.2019, on account of the continuous persuasion of the petitioner and other members of the Trust, the respondent No.7 to 10 declared agenda and convened a General Meeting of the Trust for the election of the new Trustees. The meeting was scheduled to be held on 30.6.2019, however, the same was postponed on account of the death of one of the members of the Trustees. Thereafter, the General Meeting was called on 4.8.2019 by sending the messages on whatsapp. The said meeting was conducted without proper forum and out of 10 persons, who were close to respondent No.6 to 9 were elected as the Trustees. The petitioner had also contested the said election, however, he lost the same. The petitioner, therefore, challenged the action of the respondents by filing the Judicial Misc. Application No.56 of 2019 before the respondent No.1 under Section 41A of the said Act and seeking direction for the proper administration of the Trust. The said application came to be rejected as mentioned herein above.