RAMKRUSHNA Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) By consent of both sides, heard finally at admission stage.

(2.) These Petitions take exception to the order passed by the Joint Charity Commissioner in Revision Application Nos. 28/2020 and 29/2020 dtd. 18/7/2024 setting aside the order passed by the Deputy Charity Commissioner dtd. 3/10/2020 passed in Change Report Nos. 887/2010, 888/2010, 889/2010, 128/2015, 203/2016 and 69/2020.

(3.) It is the case of the Petitioners that they are the founder trustees of Punyashlok Ahilyadevi Seva Sangh, Ahmednagar, a trust registered under the Maharashtra Public Trust Act (for short 'the Act'). Petitioners claim that the constitution of the trust reflects that the procedure for membership of the trust is that the person has paid Rs.2,000.00 as membership and it is approved by 2/3 majority. It is contended by the Petitioners that only on compliance of these two conditions, a person can be treated as a valid member of the trust and would be eligible to become a managing trustee. It is further case of the Petitioners that the contesting Respondents along with other members claim themselves to be the members of the trust and handling affairs of the trust for last 30 years. These persons filed change reports asserting their rights as Managing Trustees. The Deputy Charity Commissioner, after conducting enquiry under Sec. 22 of the Act, rejected the change reports with observation that the persons elected as managing trustees were not life members of the trust to become managing trustees thereof and those who become members are enrolled after general body meeting. This order passed by the Deputy Charity Commissioner came to be assailed before the Joint Charity Commissioner in Revision under Sec. 70(A) of the Act. The Joint Charity Commissioner allowed the revisions and remitted the matter for afresh enquiry.