LAXMAN DHARUBA BALKHANDE Vs. JOINT CHARITY COMMISSIONER NAGPUR

JUDGEMENT

(1.) Heard.</Jpara> <Jpara>[2] ADMIT.

(3.) Suo motu proceedings - Enquiry No. 26/2002 under section 41-D of the Bombay Public Trusts Act, 1950 were initiated by Joint Charity Commissioner upon the receipt of complaint of four trustees i.e. respondent No. 2 , Dr. Taresh Shende , Shri Jagtap Gajbhiye and Shri M. H. Patil of the said trust alleging that trust accounts were never audited, appellant had failed to place before the General Body audited accounts of the trust, failed to convene general body meetings and that he was managing affairs of the society as per his whims. The provisions of the said section under which the said proceedings were initiated are as under :-

(4.) By the said orders dated 26-9-2003 and 17-12-2004 the Joint Charity Commissioner directed that the appellant Balkhande who was functioning as a Secretary be suspended and the respondent No. 2 should function as a Secretary. The Joint Charity Commissioner having regard to the fact of the appellant being founder member of the trust, asked him to act as an ordinary member of Executive Body of the society till elections were held. BY the same order, the Joint Charity Commissioner also gave certain directions regarding elections to be held including that of permission to the Executive Body to enhance the membership of the trust.