RATNESHWAR Vs. MANMATHAPPA

JUDGEMENT

(1.) The appeal is filed to challenge the judgment and order of Misc. Civil Application No. 26/2011 which was pending in the Court of District Judge-2, Latur. The proceeding filed under section 72 of Bombay Public Trust Act, 1950 (in short 'the Act' ) to challenge the decision of Joint Charity Commissioner (in short 'Jt.C.C.') and Assistant Charity Commissioner (in short 'A.C.C.') given in Inquiry No. 238/2004 was challenged before the District Judge. On the basis of change report given under section 22 of the Act, inquiry was made by A.C.C. and the report was rejected. This decision is set aside by the District Judge and the report is accepted. The report was given by the President and Secretary (Shri. Mallikarjunappa Bidve and Shri. Karale) in respect of the amendment to the Constitution of Shri. Mahatma Basveshwar Education Society, Latur to enable the institution to make more members. The decision of the District Judge is challenged by founder member, member of Governing Council (for short 'G.C.') of the Trust and also by some trustees in the present proceeding. Both the sides are heard.

(2.) The matter came to this Court after the remand of the matter made by the Hon'ble Apex Court by order passed in Civil Appeal No. 2931/2014 @ SLP (C) No. 5915 of 2014 dated 27.2.2014. While remanding the matter, the Hon'ble Apex Couirt has made the following observations and some directions are given which are as under :-

(3.) This Court attempting to decide the matter as per the directions given by the Hon'ble Apex Court. The aforesaid education society was formed prior to year 1970. At present, there are some groups in the trustees and each group is interested in getting control over the management of the institution. The change report was given by the President and the Secretary to the effect that the General Body (for short 'G.B.') had directed to give the change report in accordance with the decision taken in the past which was for amendment to Constitution to enable the institution to enroll new, additional members. It was informed in the affidavit that it was as per the previous resolutions made by the G.B. in the meeting dated 8.3.1992. Along with the change report, copies of old Constitution, amended Constitution and copies of resolutions were produced. Subsequent to filing of the report, the President filed affidavit in respect of the information supplied in the report.