DADASAHEB CHAUHAN SATKAR SAMITI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AS many as 17 petitioners have challenged the order passed by the Assistant Chairty Commissioner, Amravati, by which the Assistant Charity Commissioner has directed them to form a trust-deed in respect of amount of Rs. 32,866. 05 ps. , which is lying with the State Bank of India, Branch Digras. By these directions the Assistant Charity Commissioner has also directed the Branch Manager to operate the Bank account only after the registration of public trust. The following facts will highlight the grievance of the petitioner.

(2.) ON 28-4-1974, one body called "dadasaheb Chavan Satkar Samiti" was formed by about 23 people. The said 23 people, who formed the said Felicitation Committee decided to felicitate one Dadasaheb Chavan respondent No. 3 herein for his humane service in the field of education. This Committee entertained only an idea to felicitate said Shri Dadasaheb Chavan respondent No. 3 and offer him a purse of Rs. 61,000/- by way of gratitude felt by the society for the untiring work that he had done in the field of education. Such amount was decided to be raised by collecting donations from the public. It seems that thereafter donations were actually collected. On 2-8-1981, there was another meeting, in which it was declared that the only idea for formation of this Committee was to felicitate respondent No. 3 and that the Committee did not propose to start a school or any institution with the donations collected by the members of the Committee. This resolution is filed by the petitioners as Annexure-VIII to the petition. It seems thereafter there were some differences amongst the members and therefore, Secretary Gopal Tukaram Jayale, petitioner No. 10 herein filed an application before the Assistant Charity Commissioner on 1-2-1984. This application was made under the provisions of section 41-C for permission to raise this amount by subscriptions, donations etc. Such permission appears to have been granted by the Asstt. Charity Commissioner, Amravati by his order dated 1-2-1984. A communication in that behalf, however, specifically mentions that the applicants therein were being permitted to felicitate Principal Dadasaheb Chavan and also to offer him the purse as also for publishing a Souvenir on conditions that the said function should be immediately arranged and the total money so collected should be properly accounted for and the regular accounts should be maintained. Now it seems that thereafter some serious disputes were initiated between the committee members and especially by Shri B. A. Oza, who is respondent No. 4 herein. It seems that Shri Oza felt that the money so collected was being misused. He, therefore, prosecuted the Secretary Shri Jayle, petitioner No. 10 herein for the offences under section 420 and 406 I. P. C. on the allegations that the Secretary had misappropriated the said amount. A criminal case was started at the instance of Shri Oza. However, the petitioner No. 10 was acquitted. Similar such prosecutions were instituted against practically all the members of the Committee but all the members of the Committee were acquitted by the Judicial Magistrate, First Class, Darwah. In all these judgments, the Court seems to have given a finding that there was no misappropriation or conversion for their own purpose by any of the accused. Not only this but there also appears to be a prosecution of the Committee Members on the ground that they had committed a default in complying with the directions of the Assistant Charity Commissioner under section 41 and, therefore, they were proceeded against under section 67 of the Bombay Public Trusts Act. In this judgment also in Cr. Case No. 616 of 1983, the Judicial Magistrate, First Class, Darwah, which is dated 15-12-1984, acquitted all the accused persons. Be that as it may, thereafter the matter seems to have been taken up by the Joint Chairty Commissioner, who directed the Assistant Charity Commissioner to call upon the accused to submit the accounts of the collections made as also for passing suitable orders under section 41-A of the Bombay Public Trusts Act.

(3.) THE money collected all through remained in the Bank without there being any ceremony because of the serious differences in the members of the Committee and further unnecessary prosecutions in furtherance thereof. The Assistant Charity Commissioner thereafter initiated the proceedings vide Enquiry No. 21 of 1983. It is not known as to whether the Assistant Charity Commissioner noticed all the Members of the Committee. Atleast from the order it does not appear so. However, there were three Interveners in these proceedings viz. respondent No. 4 himself, one Shri Dabhadkar - petitioner No. 1 and Shri B. A. Oza - respondent No. 4. It seems that only three interveners have been heard by the Assistant Charity Commissioner and he proceeded to issue directions under section 41 as has already been mentioned earlier. Feeling aggrieved by this order, the petitioners have come up in the present petition.