A U SHAIKH Vs. N N KAILAS

JUDGEMENT

(1.) THIS appeal is directed against the order, dated 19th August, 1993, passed by the Charity Commissioner. Maharashtra state, Bombay under Section 47 of the Bombay Public Trust Act, 1950 in the matter of "kailas Seva Sadan" a public trust duly registered under bombay Public Trust Act, 1950. The Respondent No. 1 had expired.

(2.) ABOUT 40 years ago, a public trust known as "kailas Seva Sadan" was founded by Dr. N. N. Kailas, Dr. M. D. Gilder, Mr. C. C. Sheth, Mr. Mangaldas Pakvasa and other promicent social workers. The said trust was duly registered as required (sic registered) under the Bombay Public trust Act. 1950. Prior to 31st January, 1993, Dr. N. N. Kailas Dr. A. U. Shaikh and Mr. M. U. Chauhan were the only three trustees of the said trust. It was the requirement of the rules and regulations governing the said trust that there shall be not less than three and not more than eleven trustees of the trust. The relevant pertion of the said rules and regulations also inter alia provided as under :

(3.) I t is the contention of the appellants that on 31st January, 1993, the appellants by a majority decision appointed Dr. D. Y. Patil and Dr. M. A. Patankar as additional trustees. A Change Report is filed in this behalf by dr. A. U. Shaikh being Change Report No. ACC 12565/93. The said change Report is still pending.