SOCIAL AND CULTURAL ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Revision Application is by Social and Cultural Association, Kusumba, a registered Trust and its office bearers who are original Plaintiff Nos. 1 to 4, 6, 8 and 9 in Regular Civil Suit No.541 of 2012 pending before Civil Judge, Senior Division, Dhule. Other Defendants from the Trust Defendant Nos. 10 and 11 and the State and Assistant Charity Commissioner who have been arrayed as Defendants in trial Court, are arrayed here as Respondents. Original Plaintiff Nos. 1 to 13 are present Respondent Nos. 3 to 15. For the sake of convenience, I will refer to Petitioners as the Defendants and Respondent Nos. 3 to 15, as Plaintiffs.

(2.) The present Revision was filed challenging orders below Exhibit 5 dated 1st September, 2012, vide which the resolution of the Trust expelling the Plaintiff Nos. 2 to 9 from membership of the Trust was stayed and permission was granted to them to participate in the election held on 2nd September, 2012. The Revision has been filed also against the order dated 30th August, 2012 passed below Exhibits 16 and 22 in the Suit deciding preliminary issue regarding non maintainability of the Suit in view of Section 50 of the Maharashtra Public Trusts Act (earlier known as "Bombay Public Trusts Act, 1950") ("Trust Act" in brief). The trial Court has held that even in the absence of the sanction of the Charity Commissioner under Section 50 of the Trust Act, the Suit is maintainable.

(3.) Plaintiffs filed Suit claiming that the Defendants issued show cause notice dated 17th May, 2012 and vide resolution dated 16th July, 2012, cancelled the membership of the Plaintiffs. New elections came to be held on 2nd September, 2012. The Suit has been filed for declaration that the resolution dated 16th July, 2012 whereby the membership of Plaintiff Nos. 1 to 13 has been cancelled, should be declared as illegal. Prayer (B) in the Suit is for permitting the Plaintiffs to participate in the election staying the resolution dated 16th July, 2012.