ASHOK SHIKSHAN SANSTHA Vs. S.N. DUTONDE

JUDGEMENT

(1.) Dispute is about a public trust having registration number PTR no. F47 by name Ashok Educational Society duly registered under the Bombay Public Trust Act, hereinafter referred to as BPT Act. Petitioners seek a direction to the administrator on a Public Trust to hand back the charge of Trust to them in terms of judgment dated 30.4.1998 of the Joint Charity Commissioner (hereinafter referred to as Jt.C.C.) in F.A. 14 & 15 immediately. It appears that the petitioners on 10.12.2012 moved an application for restoration of charge back to them as elected body & Joint Charity Commissioner rejected it on 20.12.2012. Challenge to this order & other consequential orders/steps is also added on 24.2.2013. Petitioners claim that there have been two elections of the governing body i.e managing committee one in 2007 & the other in 2012. Respondent 2 Deputy Charity Commissioner (hereinafter referred to as Dy.C.C.) on 5.10.2012 has substituted Respondent 1 as the administrator in place of one Shri Gajbe & this order is also assailed in the writ petition. Considering these facts writ petition is being disposed of finally by issuing "Rule" and making it returnable forthwith, with consent of parties.

(2.) On 3.1.2013, writ petition came to be filed by 9 petitioners. Petitioner no. 9 Namdeo Kinhikar has expired on 31.8.2013. Petitioner 8 Smt. Savitabai has withdrawn from the petition on 20.2.2013 while Petitioner 7 withdrew on 5.3.2013. On 24.3.2014 this Court allowed CAW 3251 of 2013 moved by Petitioner Namdeo Shingne and allowed him to withdraw from the challenge. Thus, as of now, the writ petition is being pressed only by 5 petitioners. Respondent 1 is the administrator changed & appointed by Respondent 2 Deputy Charity Commissioner on 5.10.2012 while Respondent 3 is the Joint Charity Commissioner. Intervenors 1 to 4 are the opponents of petitioners who are opposing the writ petition and on 23.1.2013, this Court has permitted them to intervene.

(3.) Before proceeding further, it will be appropriate to note few undisputed facts leading to this controversy. In 1991, after elections to the governing body, petitioners claiming that their group had been elected, reported change CR 202 of 1991 under S. 22 of the BPT Act while the rival group also submitted another change report vide CR 252 of 1991. These change reports traveled to this Court in FA 578 of 1994, 579 of 1994, 580 of 1994 & 581 of 1994. All these first appeals under S. 72(4) of the BPT Act were filed by the group of present petitioners. Sudhirkumar Shende, Annaji Kinhikar, Sudhakar Sawalakhe were appellants therein with the Trust Ashok Shikshan Sanstha as Appellant 1. Learned Single Judge on 28.4.1995 confirmed rejection of CR 202 of 1991 but remanded back the CR 252 of 1991 for fresh inquiry. Despite remand, change forming subject matter of CR 252 of 1991 was implemented by the authorities functioning under BPT Act and allegedly reported trustees were taken on record by adding their names to "Schedule I" which contains names of validly elected trustees. WP No. 3698 of 1995 came to be filed by the group of petitioners challenging that inclusion of names of other group in schedule I on 10.11.1995 to urge that it was not a legal body in charge of the affairs. Learned Single Judge on 24.4.1996 noted unanimous request of both sides to appoint some third unconnected person as an administrator to run the trust. This Court directed Assistant Charity Commissioner to appoint an unconnected person in the office of Joint Charity Commissioner accordingly to work under guidance of Assistant Charity Commissioner. Accordingly, the administrator then appointed continues even today.