PEOPLES EDUCATION SOCIETY REGISTERED UNDER THE SOCIETIES ACT, 1860 AND ORS. Vs. MANSING S. MORAY AND ORS.

JUDGEMENT

(1.) This Appeal is concerned with the rejection of Change Report No.888 of 2003, filed on 26th February, 2003, to induct four persons as the members of Governing Body of the People's Education Society by the Deputy Charity Commissioner, Greater Bombay, Mumbai Region on 25th October, 2010. In Appeal No.30 of 2010 under Section 70 of the Bombay Public Trusts Act, 1950 (in short "the said Act'), the learned Joint Charity Commissioner has confirmed the said order and dismissed the Appeal. The appellants moved an application before the City Civil Court at Greater Mumbai, being Charity Application No. 4 of 2012, under Section 72 of the said Act, which has also been dismissed on 3rd July, 2005. Hence this First Appeal which is in the nature of Second Appeal under Section 100 of the Code of Civil Procedure.

(2.) Before the lower Authorities, two questions were involved : (1) the validity of Resolution No.6 passed at Item No.8 in the meeting of the Governing Body of the Society, held on 20th December, 2002; and (2) the eligibility of newly inducted two members of the Governing Body of the Society in the said meeting. The learned Deputy Charity Commissioner held on the first aspect that the meeting held was valid, and on the second aspect, it is held that the eligibility of these two persons to become members, has not been established in terms of Article Nos.7 and 20 of the Memorandum of Association, for the reason that it is not proved that they are from the category of Scheduled Caste converts to Buddhism.

(3.) In the Appeal filed by the reporting trustees under Section 70 of the said Act, the affidavits dated 11th November, 2010 filed by Dr. Gangadhar Pantawane and Principal D.J.Ganjurde were placed on record along with certain documents by way of an additional evidence, to establish that they belong to the category of Scheduled Castes converted to Buddhism and it was prayed to remand the matter back to the Deputy Charity Commissioner for making such inquiries. The learned Joint Charity Commissioner rejected this move and also reversed the finding recorded by the Deputy Charity Commissioner that the meeting of the Governing Body held on 20th December, 2003, was legal and proper. It is held that the meeting was illegal and consequently, the induction of four members was also illegal. In the Charity Application No. 4 of 2012 filed under Section 72, the learned Judge of the Bombay City Civil Court has maintained these findings of the learned Joint Charity Commissioner.