WAMAN VYANKATESH DEHSPANDE Vs. ATUL PANDURANG ALSHI

JUDGEMENT

(1.) THE appellants have challenged the order dated 23-3-1998 passed by the learned Single Judge dismissing their first appeal No. 473/1997 against the order dated 3-10-1997 passed by the Joint Charity commissioner, Nagpur, appointing 15 persons as the trustees of the public trust.

(2.) SHRI Ambadevi Sansthan Amravati, is a registered public trust. The father of appellant No. 4 was one of the trustees of the said trust. The father of appellant No. 4 died on 3-12-1989. As there were vacancies which were not filled in, appellant No. 4 moved an application before the Joint Charity commissioner under section 47 of the Bombay Public Trusts Act, 1950 (for short 'the Act') bearing Application No. 1/1996 for admitting him as a trustee. During the pendency of the application, several persons expressed their desire for being appointed as trustees in the vacant posts. After considering the matter, the Joint charity Commissioner appointed 15 persons as the trustees of the said trust. Appellant No. 4 was not appointed as trustee.

(3.) APPELLANT No. 4 and three more trustees preferred an appeal against the said order before this Court under section 47 (5) of the Act. The learned Single judge dismissed the appeal by observing that apart from section 47 of the Act, the Joint Charity Commissioner had an authority to make appointment of trustees if the vacancies are not filled in by the remaining trustees within the time limit.