NIKHIL APPASAHEB MAGDUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner impugns order dtd. 6/3/2025 passed by learned Joint Charity Commissioner, Kolhapur on Application filed under Sec. 73A of the Maharashtra Public Trust Act, 1950 (For short, 'the Act') below Exhibit 5 in C.C.No.1 of 2024, thereby rejecting the Petitioner's prayer seeking intervention in the proceedings initiated by Respondent No.3 under Sec. 36A of the Act for ex post facto sanction of loan amount.

(2.) Petitioner contends that Dr. J. J. Magdum Trust, registered on 7/2/1977, has objective to promote education on all fronts and Trust is running various educational institutions. Late Dr. J. J. Magdum is founder trustee, who died in the year 2012. The approved trust deed dtd. 23/3/1994 includes various clauses governing functioning of the Trust, which provide for appointment of President/Chairman, Vice-President/Vice-Chairman of the Trust from legal heirs of Dr. J. J. Magdum and rest of the three members can be appointed by them. According to Petitioner, he being grandson of founder trustee Dr. J. J. Magdum has direct interest in the functioning of Trust.

(3.) According to Petitioner, Mr. Viajy Magdum-Respondent No.3 illegally took control over the Board of Trustees and appointed his wife as Vice-President. The dispute regarding appointment of President and Vice-President is subject matter of Appeal No.6 of 2019 pending before Joint Charity Commissioner.