SIDDHAVINAYAK Vs. JANARDHAN

JUDGEMENT

(1.) The issue involved in this appeal is remand order passed by the District Judge-3, Jalna [for short 'the learned District Judge'] in Civil Misc. Application No. 82 of 2015, directing the Assistant Charity Commissioner, Jalna [for short 'the ACC'] to appoint first body of trustees by obtaining biodatas and consent letter of the suitable persons within a period of three months.

(2.) Shri Anandi Atmanand Saraswati @ Rangnath Maharaj Vishranti Math is a public charitable trust [for short 'said trust']. An application seeking formulation of new scheme was filed in the year 1997 under Sec. 50-A (1) of the Bombay Public Trusts Act [for short 'BPT Act'], which came to be decided by the ACC, Jalna on 20/6/2000. The said scheme was challenged before the District Court, Jalna, the learned District Court was pleased to remand the matter for fresh disposal. Thereafter, the ACC decided the said enquiry application vide judgment and order dtd. 11/3/2015, by holding that it was necessary to frame scheme for the said trust and appointed the first body of trustees along with framing of the scheme. The said judgment of the ACC was challenged by filing two separate Civil Misc. Applications under Sec. 72 of the BPT Act before the learned District Judge, Jalna. The learned District Judge has decided both Civil Misc. Applications by common judgment and order. He rejected the Civil Misc. Application No. 78 of 2015, the same has not been challenged by any party. In Civil Misc. Application No.82 of 2015, the District Judge has held that framing of new scheme for the said trust was necessary and the ACC has rightly framed the scheme, however, held that consents and bio-datas of the proposed trustees were not sought prior to their appointments, hence, remanded the matter to the ACC for appointment of first body of trustees. The said order is under challenge.

(3.) It is the contention of the learned counsel for the appellant that the said trust in question is a very old religious and charitable trust, having more than 500 acres of land, however, had fallen prey to mismanagement and inefficiency owing to absence of a proper scheme to meet present day requirements as also the maladministration by the then trustees. The trust was administered based on a vahivatpatra registered sometime in 1914. The application was filed under Sec. 50-A (1) of the BPT Act for framing the scheme and for appointment of trustees. Accordingly, the ACC has considered all the facts and appointed the appellant as trustee. The ACC has rightly framed the scheme. The biodatas and consent letters were obtained prior to their appointments as trustees. The Vice Chancellor and Naib Tahsildar were made part of the first body of trustees as Ex-officio members and they were made members by virtue of the post so as to bring in neutrality and transparency in the management of the affairs of the trust, thus there was no question of taking consent of individual persons holding the office. But this fact was not considered by the District Judge. The Naib Tahsildar attends every meeting of the trust. The interviews of other members of the trustees were taken by the ACC and thereafter they have been selected to be part of the first body of the said trust. The ACC has framed the scheme and appointed the trustees of the said trust by taking extensive efforts. Mere on letter of Vice Chancellor, the matter is remanded back for appointment of fresh trustees without any reasonable ground, which is not proper, hence, requested to allow appeal. The learned counsel relied on the judgment in the case of Vasantrao Vishwanathrao Mane and others Vs. Apparao Baibanna Sidore and others reported in 2008 [3] Mh.L.J. 242.