MURLIDHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the rival parties.

(2.) The present petition involves the following two questions :

(3.) There is no dispute that Sategaon Education Society, Sategaon is a registered Society/Trust under the provisions of the Societies Registration Act as well as the Bombay Public Trusts Act, 1950 and the said Society is a Education Society/Trust. There were in all eight trustees as per P.T.R. register of the Trust, which runs two grant-in-aid schools, recognized by the Government, namely, J.D. Patil High School and Junior College, Sategaon and Smt. Kokilabai Gawande High School at Turkhed. Out of eight trustees, Secretary Shri Vasant Mankar died on 11.11.2008 and thus as per P.T.R. entries, seven trustees remained after the death of Shri Vasant Mankar. It appears that three trustees are under the group of President Shri N.N. Mankar and remaining four trustees are under the group of Vice-President Shri M.G. Kale. The group of Vice-President admitted Smt. Rekha Mankar the widow of the the then Secretary Shri Vasant Mankar in the Trust on the post of Secretary and accordingly he filed the change report with the office of the Assistant Charity Commissioner, reporting the change. The group of President filled up the vacant post of Secretary; replaced few trustees by other persons and filed change report vide Change Report No.119/2008.