SABIRULLAHKHAN HABIBKHAN PATEL Vs. DY. CHARITY COMMISSIONER, AKOLA

JUDGEMENT

(1.) This is an application seeking substitution of the name of petitioner No.1. This Court finds that since the petitioner No.2 is the reporting trustee in the pending change report before the Assistant Charity Commissioner, there is no necessity to pass any orders in the present application and it is disposed of, as such.

(2.) In the pending change report bearing enquiry No.605/1996, the reporting trustee and witnesses in support of the change report submitted their affidavits-in-evidence before the Deputy Charity Commissioner. At this stage, the objectors i.e. respondent Nos.2 to 4 herein filed application at Exh.57 for permission to cross-examine the reporting trustee and his witnesses. This application was opposed on behalf of the petitioners. By the impugned order dtd. 25/04/2019, the said application at Exh.57 was partly allowed and permission was granted to the contesting respondents to cross-examine the reporting trustee and his witnesses on the point of membership only.

(3.) Thereafter, it appears that the reporting trustee and his witnesses did not appear before the Deputy Charity Commissioner on few dates. As a consequence, the Deputy Charity Commissioner passed the impugned order dtd. 27/05/2019, recording the fact that the reporting trustee and his witnesses remained absent despite several opportunities and hence, no evidence order was passed against them, fixing the matter for evidence of the contesting respondents as objectors.