VIJAY PUNDLIKRAO GOHOD Vs. VIDARBHA YOUTH WELFARE SOCIETY

JUDGEMENT

(1.) Writ Petition No. 2967 of 2005 is filed by the applicants before the Joint Charity Commissioner, amravati basically challenging the judgment dated 10. 6. 2005, delivered by him under section 41-A of Bombay Public Trusts Act, 1950. By the said judgment, the application preferred by them has been partly allowed and prayers made by them for direction not to admit member without adopting proper procedure, not to put subject of new life membership on agenda without consensus of executive Committee, were rejected. The prayer only to the extent of directing the respondents i. e. the Trustees of Vidarbha Youth welfare Society, Amravati to amend the constitution of trust has been allowed. The petitioners seek complete relief in this petition by modifying that order. The Trustees who are respondents in this Writ Petition, have also questioned the said order by filing Writ petition No. 4342/2005 to the extent of directing them to amend the constitution/ scheme. However, during hearing Advocate deo, who appears for the Trustees made clear that the Trustees are independently considering the issue of effecting amendment to the scheme on the lines as observed by the Joint charity Commissioner, and, if Writ Petition no. 2967/2005, is dismissed, the trustees will not be interested in pressing Writ Petition No. 4342/2005.

(2.) The proceeding before respondent No. 3 Joint Charity Commissioner, relates to public trust - Vidarbha Youth Welfare Society, Amravati and the said trust is reportedly running 10 Colleges and 15 Schools in amravati and Wardha Districts. The last election as per the applicants have been held on 15. 12. 2000, in which 9 persons were elected. It is admitted position, that at present the general Body consists of only 20 members and all of them are life members. The other categories are (1) Patrons, (2) Benefactors, (3) Sympathiser and (4) Ordinary. The Rules and Regulation of the above Trust vide Clause (a) , prescribes that all the Officer bearers of the Executive Committee have to be at least from Patrons or Life Members of the Society. It appears that the change has occurred in 2003 and that change was accepted on 5. 7. 2003 by the Assistant Charity Commissioner. The acceptance of the said change is questioned by the applicants by filing Revision No. 3/2004, which is pending. It also appears that the applicants have also moved application under section 41-D of the B. P. T. Act, on 4. 2. 2004 vide Application No. 7/2004, and that application is also pending.

(3.) In this background, the applicants on 3. 9. 2004 moved the present Application under section 41-A of the Act, before the Joint charity Commissioner, Amravati. They contended that they are the Trustees and are acting as members of the Executive Committee. They also stated that since the year 1999 no new person has been allowed to become life member of the society, and there was neither any discussion in the general body about this issue. They also pointed out that, the revision filed by them challenging the acceptance of change report and section 41-D proceeding were pending. In this background they contended that the trustees have on 27. 8. 2004, issued notice for holding the managing Committee/executive Committee meeting of the trust on 4. 9. 2004 and vide subject No. 10, they wanted to enroll certain persons as life members. They contended that power to admit life member is not given to the Executive committee and approval to membership and acceptance or admission of a person as a member, are two different things. They further stated that the subject of adding new members was not approved by the Executive Committee in. its earlier meeting, and there was no notice for public at large. They further contended that the trust was not facing any financial crises so as to collect any funds by enrolling new members. In view of the pendency of the Revision under section 70-A and Application under section 41-D of the Act, they contended that such a decision could not have been taken without issuing public notice and without taking general body into confidence. The Joint charity Commissioner heard them and found that the exercise could have been postponed for some time, and therefore, he passed interim order and directed the trustees not to take up the agenda No. 10 in the meeting of the Executive Committee scheduled to be held on 4. 9. 2004. The Trustees accordingly cancelled the said meeting.