MEHERNOSH JAMSHED JASSAWALLA Vs. LALITRAO BHASKARRAO PATIL

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final disposal.

(2.) The issue that arises for consideration in the present Petition is whether it is permissible for the Charity Commissioner to try and entertain application for removal of trustees under the provisions of Sec. 41D of the Maharashtra Public Trust Act, 1950 (MPT) when appointment of the said trustees is yet to be accepted in an enquiry under Sec. 22. In other words, whether application for removal of trustees under Sec. 41D of the MPT Act can be decided during pendency of Change Reports relating to their very appointments.

(3.) The issue arises in the light of challenge raised by the Petitioner to the Order dtd. 4/6/2024 passed by the learned Charity Commissioner, Maharashtra State, Mumbai, rejecting the Petitioner's Application at Exhibit-106 seeking framing of issues of maintainability and jurisdiction in Application No. 11 of 2023 filed by Respondent Nos. 1 and 2 under the provisions of Sec. 41D of the MPT Act for suspension/removal/dismissal of Petitioner and of Respondent Nos.3 to 25 from the trusteeship of Respondent No.26- Trust. By filing Application at Exhibit-106, Petitioner contended that the application for removal of trustees under Sec. 41D of the MPT Act cannot be entertained during pendency of Change Reports under the provisions of Sec. 22 of the MPT Act. The Charity Commissioner has rejected Petitioner's Application at Exhibit-106 refusing to frame the issue relating to its jurisdiction or maintainability.