SURENDRA Vs. OMPRAKASH

JUDGEMENT

(1.) The petition challenges the judgment of the learned Jt. Charity Commissioner dtd. 06/09/2022 in appeal under Sec. 70 of the Maharashtra Public Trusts Act, whereby the judgment dtd. 28/6/2021 of the learned Assistant Charity Commissioner in change report No.73/2017, which rejects the change report, has been set aside and the change report has been accepted.

(2.) Mr. Khapre, learned Senior Counsel raises two grounds; 1) that the Secretary of the Trust did not have power to call a general body meeting as under bye-law No.12 the powers of the Secretary were restricted to calling the meeting of the Executive Committee alone and 2) the issue regarding inclusion of persons as members of the Trust as raised and decided before the learned Assistant Charity Commissioner, was not even touched by the Jt. Charity Commissioner in the impugned judgment.

(3.) Mr. Mardikar, learned Senior Counsel for the respondent No.1 opposes this submission and contends, that bye-law no.12 insofar as it relates to calling of meetings give powers to both the Secretary and President and therefore, on account of overlapping of powers the meeting called by the Secretary could not be termed as illegal. He does not dispute that the second point has not been touched by the learned Jt. Charity Commissioner in the impugned judgment.