BALAJI BHIKAJI KAPALE Vs. PUNJAJI BALAJI TAYADE

JUDGEMENT

(1.) RULE. Rule taken up for final hearing with the consent of the parties.

(2.) A short, but important question is raised in this petition filed by the petitioners is Whether the Assistant charity Commissioner has jurisdiction to entertain an application to set aside ex parte order passed by him in the enquiry under section 22 of the Bombay Public Trusts Act?

(3.) IN order to appreciate the abovesaid question, it is necessary to refer the facts which emerge from the record. The Trust, by name Jijamata Shikshan Sanstha, Sindhkhedraja having No. PTR F-38 (BLD) (hereinafter referred to as Trust ) is registered under the provisions of the Bombay public Trusts Act (hereinafter referred to as the Act ). According to the Rules and Regulations of the Trust, the trust is managed by the Managing Committee, and the members of the Managing Committee are to be elected by the members of the Trust as per the provisions of Rules and Regulations. It is revealed from record that there are two groups in the trust claiming to be in-charge of the management of the trust. As no elections were held for a considerable time, there was an occasion for the Assistant Charity Commissioner to pass an order under section 41a of the Act. The said order under section 41 was passed on 7th September, 1999, whereby the Assistant Charity Commissioner has issued the following directions :