VIDYA RAJARAM BANDIWADEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard learned Counsel for the parties.

(2.) In Writ Petition Nos. 3382 of 2018 and 3383 of 2018 the order passed by the learned Deputy Charity Commissioner under Sec. 41-A of the Maharashtra Public Trusts Act, 1950 (for short, 'the Act of 1950') is under challenge. By that order while issuing directions to the Public Trust to conduct elections as per the bye-laws of the Trust it has been held that only those members enrolled till 16/05/1999 would have a right to participate in the said elections. A further direction has been issued to the trust to make an application under Sec. 50-A(3) of the Act of 1950 for amendment of the bye-laws and hold elections thereafter. Pursuant to the aforesaid directions, proceedings under Sec. 50-A of the Act of 1950 were initiated. In the said proceedings an application under Sec. 73-A of the Act of 1950 came to be filed seeking permission to intervene in the proceedings. By the order passed below Exhibit-31 on 07/02/2019 that application came to be rejected by the learned Deputy Charity Commissioner. The said order is the subject matter of challenge in Writ Petition No.4116 of 2019.

(3.) Facts relevant for deciding the writ petitions are that Khedut Shikshan Mandal, Kalundri is a Public Trust registered under the Act of 1950. On 16/05/1999 in the meeting of the General Body various resolutions were passed and the Governing Council was elected for a period of three years. Pursuant to the aforesaid, various Change Reports were filed by the reporting trustee. However, the said Change Reports came to be rejected on 11/01/2017. On 23/08/2017 an application under Sec. 41A of the Act of 1950 came to be filed seeking a direction to appoint a committee of five members to manage the affairs of the Public Trust. However, during pendency of the said proceedings the said prayer was given up. By amending the application, it was prayed that an Election Officer be appointed and elections of the Trust be held. On 05/02/2018 the learned Deputy Charity Commissioner directed the parties to submit a list of members of the Trust. An objection was also raised in the said proceedings that an ad-hoc Committee could not be appointed for managing the affairs of the Trust. It was further stated that since there were twenty three valid members, the Executive Committee be constituted by holding elections amongst them. The learned Deputy Charity Commissioner after hearing both sides proceeded to examine the validity of the members enrolled after the General Body meeting was held on 16/05/1999. He recorded a finding that those members who were enrolled after 16/05/1999 could not be treated to be validly enrolled members. Ten members enrolled on 16/05/1999 were found to be ineligible to continue as members. He, thereafter, found that it would not be possible to elect the members of the Executive Committee from the remaining members. The learned Deputy Charity Commissioner therefore directed that the bye-laws of the Trust be treated to be a Scheme under the Act of 1950. A direction was issued to the valid members that under Sec. 50-A(3) of the Act of 1950 an application be made for amending the bye-laws and based on that decision, elections be held. Thus by the order dtd. 01/03/2018 proceedings under Sec. 41-A of the Act of 1950 were decided and elections were directed to be held. This order is the subject matter of challenge in Writ Petition Nos. 3382 of 2018 and 3383 of 2018.