PANKAJ YASHWANT CHAUDHARI Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) Heard. Admit. By consent heard finally at admission stage. Record and proceedings received.

(2.) The appellants in Appeal No. 1633/2012 filed Application No. 11/2011 under section 47 of Bombay Public Trust Act, 1950 for their appointment as trustees. Similar application was preferred by Arun Dattatraya Mahale and others being Application No. 9/2011 before Joint Charity Commissioner (for short 'Jt.C.C.') under section 47 of Bombay Public Trust Act. The appellants in First Appeal No. 1728/2012 were intervenors in two applications referred above opposed Application Nos. 9/2011 and 11/2011 and from their group, two persons were nominated as trustees by the Jt.C.C.

(3.) Grievance is, the Jt.C.C., Nashik Division, Nashik did not follow the procedure contemplated under section 47 of the Trust Act and based on assumptions and presumptions, entertained Application No. 9/2011 with two intervenors in appointing trustees. The appellant - Vilas and others assert that they are native of village Chimthane, their ancestors were members and office bearers of trust, they are even ex-students of the school conducted by the trust, they are members of the trust since 1991 and they have natural affection and attachment towards trust, hence, they are personal interest in the trust.