ANAND SHESHRAO BHAROSE Vs. VEDPRAKASH KASHIRAO PATIL

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of parties taken up for final hearing.

(2.) Sanjivani Education Society, a registered trust under the provisions of the Maharashtra Public Trust Act, 1950 (for the sake of brevity hereinafter referred as to the 'Trust Act') in the year 1979, has established total 31 educational institutions in Parbhani district consisting of twenty five primary and secondary schools, four junior colleges, one senior college and one military school. The trust, established with a noble objective of making available educational facilities amongst the members of public in the year 1979, has now embroiled itself into serious disputes relating to control over its management and affairs. As of today, there are two rival groups who are asserting rights to manage and control affairs of the trust. One of the groups was led by late Shri Sheshrao D. Bharose, the founder Chairman of the trust and since he is no more, his son Shri Anand S. Bharose now leads this group (for the sake of convenience this group is referred in the present judgment as 'Bharose Group'). The other group consists of three surviving founder trustees viz Dr. Vedprakash Kashirao Patil, Shri Vitthal Govindrao Bhosale and Shri Shivaji Narayanrao Kakde (for the sake of convenience this group is referred in the present judgment as 'Patil Group').

(3.) The subject matter of challenge in this group of petitions is the judgment and order dtd. 7/5/2019 passed by the Joint Charity Commissioner, Aurangabad (for short "J.C.C.") thereby confirming the judgment and order dtd. 29/4/2017 passed by the Assistant Charity Commissioner, Parbhani (for short "A.C.C."). Numerous Change Reports have been decided as a result of these orders of the JCC and ACC, the lead Change Report Enquiry being No. 190/2010. Patil Group has emerged victorious in the bitter battle for control of the Trust, with the J.C.C. directing the Patil Group to take necessary steps for formation of various bodies to constitute governing council, which is directed to act as the legal body of the trust.