BABASAHEB WASADE Vs. MANOHAR GANGADHAR MUDDESHWAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29/07/2016 passed by District Judge-4, Chandrapur, in M.C.A. No. 50/2016.

(2.) By the impugned order, District Judge-4, Chandrapur has allowed the application/appeal filed under Section 72 of the Maharashtra Public Trust Act, 1950 (hereinafter will be referred to as "Act" for convenience), thereby setting aside the judgment and order of Joint Charity Commissioner, Nagpur (for short, "JCC") in Appeal No. 29/2010 dated 12/04/2016. By the said order, the JCC has allowed the appeal filed under Section 17 of the Act, challenging the order dated 16/06/2010 passed in Change Report Inquiry No. 668/2002 by the Assistant Charity Commissioner, Chandrapur (for short, "ACC") and accepted the said Change Report, which was rejected by the ACC, vide his order dated 16/09/2010.

(3.) Brief facts of the appeal, can be stated as follows:- Shikshan Prasarak Mandal, Mul is a registered Public Trust, bearing PTR No. F-41(C). Initially, the said Trust was registered as a society under the Societies Registration Act , 1860. The Trust is having its own bye-laws for running its day-to-day administration. As per the last entry in Schedule-I of the Trust, for the year 1998, appellant no.1 is working President of the Trust. As the election of the Executive Committee of the Trust was not held since long time and the recorded Secretary, President and Vice President of the Trust were also no more, the members of the General Body of the Trust, by letter dated 20/08/2002, requested the appellant no.1, in his capacity as working President to call General Body Meeting for the election of the Executive Committee of the Trust. Accordingly, appellant no.1, by the notice dated 03/09/2002, called the General Body Meeting of the Trust on 08/09/2002 at Panchayat Raj Prashikshan Kendra, Mul. The notice of the said Meeting was sent to all its members by hand delivery and by Under Certificate of Posting. In the said General Body Meeting held on 08/09/2002, a new Executive Committee was elected unanimously. The Change Report no. 668/2002 pertaining to the said election came to be filed before the ACC.