GYANDEO TUKARAM DEVRE Vs. GANPAT NATHU DEVRE

JUDGEMENT

(1.) MR. Jamdar tenders copy of the rules applicable to the society. Copy of the rules taken on record and marked "a" for identification.

(2.) A short but interesting point arises in this appeal concerning interpretation and application of section 47 of Bombay Public Trusts Act, 1950 as indicated below. The question before the Court is as to whether the application made under section 47 of the Act for appointing two of the trustees to fill up the vacancy caused on death of two out of nine trustees is maintainable in law.

(3.) THIS appeal is preferred by original opponents No. 1, 2 and 4 against the Order dated 30th September 1983, passed by the Joint Charity Commissioner, Maharashtra State, Bombay in Application No. 3 of 1983, made under section 47 of the Bombay Public Trust Act, 1950. By the said Order, the Charity Commissioner has appointed Shri Vishwanath Namdeo Devre and Shri Kadu Eknath Hire as Trustees of "gram Shikshan Samiti Trust" Umarane Taluka Malegaon, District Nashik (P. T. R. No. F-671 (Nashik) in the vacancy caused on death of Shri Arjun Malji Devare and Shri Mohanrao Sukhdeo Devre two of the trustees of the said trust prior to their death. By Order dated 11th October 1983, this Court granted stay of operation of the Order passed by the Joint Charity Commissioner referred to hereinabove. The said stay order is operative.