NIMBONI SHIKSHAN PRASARAK MANDAL Vs. VITTHAL MARUTI MALI

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of an order dtd. 11/4/2022 passed by the learned Deputy Charity Commissioner, Solapur on an application (Exhibit 107) in Change Report No.964 of 2011, whereby the application preferred by the Respondent No.1 under Sec. 73A of the Maharashtra Public Trusts Act, 1950 came to be allowed.

(3.) Change Report No.964 of 2011 was initially filed by Vitthal Nagappa Mali, reporting change in the trustees of Nimboni Shikshan Prasarak Mandal - Petitioner, a public charitable trust. When the Change Report was ripe for arguments, Mr. Vitthal M. Mali, the reporting trustee, sought to withdraw the said Change Report. Thereupon, Narsappa Shivling Mali who claimed to have been appointed as a Secretary, pursuant to the resolution of the Managing Committee on 12/6/2011 got himself transposed as the reporting trustee in the said Change Report. In the meanwhile, Respondent No.1 preferred application to implead him as a party to the said proceedings under Sec. 73A of the Act, 1950, claiming himself to be a person having interest in the public trust.