LAWS(BOM)-2022-12-22

RAJENDRA Vs. ASSISTANT CHARITY COMMISSIONER

Decided On December 02, 2022
RAJENDRA Appellant
V/S
ASSISTANT CHARITY COMMISSIONER Respondents

JUDGEMENT

(1.) Rule.

(2.) Petitioners are aggrieved by the order dtd. 11/1/2021 passed by the Assistant Charity Commissioner, Parbhani provisionally accepting change reported by the rival group of respondents under the provisions of sub-sec. (2) of Sec. 22 of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the 'Act of 1950 '). Petitioners in Writ Petition No.3788 of 2021 filed their objections to the order dtd. 11/1/2021, which has been repelled by the Assistant Charity Commissioner by his order dtd. 28/1/2021.

(3.) Considering the narrow controversy involved in these petitions, it is not necessary to narrate the chequered history of disputes between the rival groups for control over Sanjivani Education Society, a trust registered under the provisions of the Act of 1950. Several change reports were filed by the rival groups of petitioners and respondents before the Assistant Charity Commissioner reporting their respective changes in the management of the trust. The main bone of contention between the rival groups is about admission of new members to the trust. While respondent group wanted to admit 4 new trustees, petitioners ' group has effected admission of 157 new members. Six change reports filed by the rival groups of petitioners and respondents came to be heard and decided by a common judgment and order dtd. 29/4/2017 by the Assistant Charity Commissioner, Parbhani. All 6 change reports came to be rejected by that common judgment and order.