CHETAN MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition filed under Article 226 and 227 of the Constitution of India takes exception to the judgement and order passed by Joint Charity Commissioner (hereinafter referred to as "JCC") dated 29th March 2007 in Application below Exhibit-17 in Application no.5 of 2008.

(2.) The said application (Application no.5 of 2008) is filed by the respondent no.5 Mrs.Charuben Mehta u/s.41D of the Bombay Public Trust Act 1950 for suspension/removal/dismissal of another trustee, Shri Prabodh Mehta (respondent no.6). The said Prabodh Mehta incidentally happens to be the father of the present petitioner. The sole basis on which that application proceeds is that the said Prabodh Mehta has been convicted in the Tribunal Court of First Instance of Juridical District of Antwerp (Belgium) vide Judgement No.5686 dated 6.12.2007 and was sentenced to imprisonment of six months for having committed offences of fraud, forgery etc. involving moral turpitude and is thus, disqualified from acting as trustee of Lilavati Medical Trust (hereinafter referred to as "the said trust").

(3.) During the pendency of the said application, the petitioner herein filed subject application (Exhibit-17) for his impleadment as party to the pending proceeding. In this application it is stated that outcome of the proceeding filed by respondent no.5 (applicant) would affect the Board of Trustees and virtually affect the trust as well, and therefore all the trustees of the said trust should have been made parties to the said proceeding in order to enable all the trustees to assist the JCC to decide the issue involved in the application and to provide an opportunity to all the trustees of being heard.