NARAYANRAO Vs. KESHAVRAO

JUDGEMENT

(1.) This appeal arises out of judgment and order dtd. 28/3/2016 passed by learned District Judge-4, Nanded in Misc. RJE No. 173 of 2011. The learned Judge by way of the impugned order was pleased to dismiss the application filed under Sec. 72-1 of the Bombay Public Trusts Act [for short "the BPT Act"].

(2.) The facts in short are that this appellant/original applicant filed an application under Sec. 22 of the BPT Act, before the learned Assistant Charity Commissioner, Nanded, Division-Nanded, for effecting change occurred in general body meeting dtd. 4/8/2009. It is case of the appellant that the appellant and the respondents are the members of the trust, namely, Shri Datta Education Society, Talni, Tq. Hadgaon. The same is registered under the Societies Registration Act as well as under the BPT Act bearing registration No. F-92 (Nanded). The elections to the managing committee were not held since incorporation of the trust. In Inquiry No. 691 of 1981 and 692 of 1981, the Asstt. Charity Commissioner had given directions to conduct election, however, inspite of that the then President and Secretary did not hold election and instead filed an appeal to the Joint Charity Commissioner, Aurangabad. In an appeal one Mr.Gimekar came to be appointed as an Election Officer by the Jt. Charity Commissioner. However, since the President and Secretary did not pay expenses, the election could not be conducted. The President and Secretary filed Appeals RJE Nos. 43 of 1991 and 47 of 1991. Those appeals also came to be rejected, directing to conduct election. It is only thereafter election was held. After that election Inquiry No. 730 of 2005 was filed to report the change. The same, however, came to be rejected.

(3.) After rejection of the report in Inquiry No. 730 of 2005, present appellant along with one more member, namely, Achyut Tawade requested the President and Secretary to conduct election of the Managing Committee. However, same was not done. Ganesh Tawade and four other persons applied for primary membership of the trust. However, those were not accepted by the President and Secretary. Even no meeting was called to decide those applications. Those persons, therefore, gave application to the appellant. The appellant requested the President and the Secretary to call for the meeting to consider the application. Since no meetings were held, on 5/6/2009 the appellant gave requisition notice to the President and Secretary. Same was received by them on 27/6/2009. Applicant-Achyut Tawade also issued notices to the committee members. The committee members refused to accept those notices. The notices were, therefore, served by post.