MALLIKARJUN BASVANAPPA MASUTE Vs. DATTATRYA KRUSHNATH WADANE

JUDGEMENT

(1.) The original respondent No. 5 and 9 in Enquiry application No. 53 of 2003 on the file of Assistant Charity Commissioner, osmanabad Region, have preferred this Second Appeal against the concurrent decisions of the Assistant Charity Commissioner and District Judge, Osmanabad.

(2.) Application under section 50-A of the Bombay Public Trusts Act, 1950 (henceforth referred as BPT Act for the sake of brevity) was filed before the assistant Charity Commissioner, Osmanabad by present respondents No. 2 and 3 praying for framing of a scheme for the trust named as Tryambakeshwar bahuuddeshiya Shikshan Prasarak Mandal, Tamalwadi, Taluka Tuljapur, District osmanabad, registered at P. T. R. No. F-1097 (Osmanabad). A draft scheme was annexed to the petition as annexure "a". The grounds on which the fresh scheme was said to be necessary in spite of existing scheme, can be summarised as follows :

(3.) The application was opposed by the then existing trustees including the present appellants. Apart from denial of all the reasons for which scheme was prayed to be necessary by the applicants it was contended that there is provision in the existing scheme for all the purposes which are stated to be the reasons for framing new scheme in the application. It was also added that applicant No. 1 nagnath was desirous of being appointed as a Secretary of the trust but he could not assume that position by election and hence the application is filed for satisfying the said ambition. He is serving as a teacher with Osmanabad Zilla parishad school, and therefore, he cannot be even a member of the trust. Needless to say that the then existing trustees prayed for dismissal of the application.