AVINASH Vs. GANPAT GOVIND JOSHI AND ORS.

JUDGEMENT

(1.) THE petitioner has challenged the order passed by the learned Joint Charity Commissioner exercising his powers under Section 41A of the Maharashtra Public Trusts Act, 1950 (hereinafter referred as "the Act of 1950"). The learned Joint Charity Commissioner has permitted the Election Officer appointed by him, to accept the applications for enrolment of new members.

(2.) IN First Appeal No. 351 of 1998 filed before this Court, the order passed in proceedings for framing of Scheme was challenged. This Court modified the Scheme framed under Section 50A of the Act of 1950 by modifying Clause 7 of the Scheme. The modified Clause 7 of the Scheme as per the directions of this Court is as follows : - -

(3.) PURSUANT to the directions given by the Court, the process was undertaken and an ad hoc body was appointed by the Joint Charity Commissioner, the head of the ad hoc body being Assistant Charity Commissioner. The Assistant Charity Commissioner issued notice informing public at large about the enrolment of new members of the Trust. About 1829 applications were received for different categories of membership i.e. Patron Member, Life Member and Ordinary Member. The elections for the Board of Trustees were held in 1998 in which 1829 members, whose applications were received by the Assistant Charity Commissioner, voted. Change Report intimating the change which had occurred as per the elections was filed before the Assistant Charity Commissioner. It was registered as Change Report No. 1819 of 1998. As per Clause 11 of the Scheme, the tenure of Board of Trustees is of five years. The Change Report filed before the Assistant Charity Commissioner intimating the change which occurred due to the elections conducted in 1998 could not be decided till the tenure of the Board of Trustees came to an end in 2003. As the elections were due, the Board of trustees which was in the office, held elections in 2003. In these elections, again 1829 members who had applied for membership in 1998, had voted and the Board of Trustees came to be elected. The Change Report was filed before the Assistant Charity Commissioner intimating the change which occurred in 2003. The Change Report was registered as Change Report No. 894 of 2004. This Change Report also could not be decided till 2008 i.e. when the tenure of the elected Board of Trustees was to come to an end. The Change Report No. 1819 of 1998 and the Change Report No. 894 of 2004 were decided on 7th of August, 2008 and both these Change Reports were rejected. One of the reasons given by the Assistant Charity Commissioner for rejecting the Change Report was that the enrolment of 1829 members was not legal. The order passed by the Assistant Charity Commissioner rejecting the Change Report came to be challenged in Appeal No. 34 of 2008 under Section 70 of the Act of 1950, which was dismissed. The order passed by the Joint Charity Commissioner was challenged in Misc. Civil Application No. 5 of 2009 under Section 72(1) of the Act of 1950 before the District Court. This application was also dismissed on 10th of August, 2009. The order passed by the District Court was challenged before this Court in Second Appeal No. 501 of 2009.