RAJASTHAN SEWA SAMITI Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) Mr.Saurabh Soparkar, learned senior advocate appearing with Mr.Vishal T. Patel, learned advocate for the petitioners, at the outset, submitted that the petitioners are aggrieved by the order dated 07.08.2021 passed by the learned Charity Commissioner in Judicial Miscellaneous Application No. 46 of 2021, it being unjust, illegal and without jurisdiction. It is submitted that the respondent Nos.2 and 3, had filed an application Exhibit-1 before the learned Charity Commissioner, inter alia, praying for direction to declare that the petitioners (Care Taker Managing Committee) have no authority to implement/execute the amendments purported to have been passed in Extraordinary General Body Meetings dated 22.02.2018 as well as 18.06.2018 as reported in change report no.1782 of 2018. It is submitted that the said application, has been filed after a gross delay of two and half years from the date of the amendment of the Constitution. It is also submitted that it is not that the respondents, were not aware about the passing of the Resolution in the year 2018. In fact, respondent Nos.2 and 3 had consented to the amendment as is evident from the forms submitted by the respondents, duly signed by them which were issued by the Trust to its registered members as a part of the procedure for amending the earlier Constitution to meet with the exigencies.

(2.) It is submitted that as is clear from the prayers in the application, the respondents have sought for declaration; however, the learned Charity Commissioner under the provisions of section 41A of the Gujarat Public trust Act 1950 (hereinafter referred to as the "Trust Act"), has no jurisdiction to decide such application, and is wholly not maintainable inasmuch as, it would not be within the purview of the learned Charity Commissioner to issue any declaration, declaring meeting as invalid. It is also submitted that the interim relief, as granted vide order dated 07.08.2021, could not have been granted inasmuch as, the issue as regards taking of the policy decision touching the administration of the trust was not before it and the only issue which was before the learned Charity Commissioner was not to give effect to the resolutions passed by the petitioners in the year 2018.

(3.) It is submitted that the trust, owing to certain circumstances, thought it fit to amend the Constitution and various meetings were convened for the same. Taking recourse to clause 49 titled "change", the amendment came to be passed in the Extraordinary General Body Meetings held on 22.02.2018 and 18.06 2018, and the respondent Nos. 2 and 3, had consented for the amendment, as is evident from the forms duly signed by them. The respondents filed an application being Judicial Miscellaneous Application No. 46 of 2021 seeking direction to the petitioners declaring that the petitioners (Care Taker Managing Committee) have no authority to implement/execute the amendment passed in Extraordinary General Body Meetings. It is submitted that the trust started implementing the amendment from the date of resolutions and at present, it is being managed and governed as per the amended constitution. It is further submitted that the amendments made, were duly reported by filing the change report before the office of the learned Deputy Charity Commissioner, being change report number 1782 of 2018 on 26.11.2018.