KALIDAS Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Both these appeals are, in fact, preferred against one and the same judgment and order passed by the learned Joint Charity Commissioner, Aurangabad Region, Aurangabad (hereinafter referred to as the "learned Joint C.C.") on 1/2/2023 in suo moto Enquiry bearing Application No.14/2021 initiated under Sec. 47 of the Maharashtra Public Trusts Act, 1950 ("the Act", for short) in the matter of Shri Sansthan Devi Anusaya Math, Pimpri (Zola), Taluka Gangakhed, District Parbhani (hereinafter referred to as the "rust" for brivity).

(2.) The appellants in First Appeal No. 1078 of 2023 are the persons who had applied for the post of Mahant / Mathadhipati of the said Trust, but could not succeed. The claim of these appellants is that the Joint C.C. had initiated suo moto proceeding under Sec. 47 of the Act in respect of the Trust for appointment of trustees and on 25/11/2022, a public notice to that effect was issued for inviting the applications from the interested persons. However, on 1/2/2023, under the impugned judgment and order, the Joint C.C., without giving notice to them and other applicants and also without giving any opportunity of being heard, appointed the present respondent No.2 Swami Surendragiri Maharaj, Lakhangaon as Mathadhipati of the Trust by violating the Scheme of the Trust and without following due process.

(3.) On the other hand, the appellant Chiranjiv Giri Guru Narendragiri in First Appeal No. 1254 of 2023 is claiming that he had applied to the learned Charity Commissioner for his appointment as Mathadhipati of the Trust being a disciple of the earlier Mahant and for appointment of two posts of the Trust which were vacant at the relevant time in the year 2021. Thereafter a report from the office of concerned Assistant Charity Commissioner was called on 15/7/2021 and then the said matter was forwarded to further enquiry of the learned Joint C.C. However, the learned Joint C.C. then issued publication thereby inviting the applications from the interested persons for appointment as trustee and thereafter under the impugned judgment and order the learned Joint C.C. by transgressing its powers and by acting way beyond the original Scheme of the Trust, appointed respondent No.2 Surendragiri as Mathadhipati / Mahant of the Trust.