RAMESH GANGADHAR DONGRE Vs. CHARITY COMMISSIONER

JUDGEMENT

(1.) First Appeal No.224 of 2018 is filed by the reporting trustee against the Judgment of Adhoc District Judge-1, Yavatmal, dt.19/12/2009 in M.J.C. No.72 of 2007. The appellants in First Appeal No.225 of 2018 are claiming that they are life members of the trust since December, 2005. They have challenged the said Judgment of Adhoc District Judge-1, Yavatmal in M.J.C. No.72 of 2007, by which the order passed by the Joint Charity Commissioner in Appeal No.29 of 2007 is quashed and set aside and the Judgment of Assistant Charity Commissioner, Yavatmal in C.R. No.104 of 2006 is restored.

(2.) The facts giving rise to both the appeals are common and hence, they are disposed off by this common judgment. The material facts, in short, are as under : Appellant Ramesh Gangadhar Dongre had filed Change Report in respect of Jijau Shikshan Samiti, Yavatmal having Registration No.F/902/Yavatmal and had reported change to the Assistant Charity Commissioner. The Change Report was registered as F-902. Ramakant Kolte, Shankar Sangle, Dinkar Wankhade, Prabhakar Sahastrabuddhe, Anant Atrawalkar, Murlidhar Raut i.e. respondent nos. 16 to 21 (in F.A. No.224 of 2018) objected the Change Report vide Exh.21. Both the parties adduced their evidence.

(3.) The Assistant Charity Commissioner recorded its findings holding that the notice for meeting dt.5.12.2005 was not issued before 15 days of the said meeting as per bye-laws of the Society and therefore, induction of new life members i.e. appellants in First Appeal No.225 of 2018 is illegal. The Election Officer has not conducted proper elections and therefore, Change Report bearing Enquiry No.104 of 2006 was rejected and the President of the Society was directed to take election in- consonance. The said order was challenged before the Joint Charity Commissioner, Amravati. The joint Charity Commissioner, Amravati in Appeal No.29 of 2007, vide order dt.13.9.2007 quashed and set aside the Judgment of Assistant Charity Commissioner and accepted the Change Report holding that previously short notices were issued and therefore, notice issued for the meeting dt.5.12.2005 is legal and proper.