AJIT SHANKARRAO DESHMUKH Vs. JOINT CHARITY COMMISSIONER

JUDGEMENT

(1.) By this Appeal filed under section 47 (5) of the Bombay Public Trusts Act, 1950 ( hereinafter referred to as "the Act of 1950"), the appellants challenge the order dated 19.3.2009 passed in Application No. 20 of 2008 by the learned Joint Charity Commissioner, Nagpur, whereby an application under section 47 (1) of the Act of 1950 for appointment of trustees so as to manage the administration of the Ideal Education Society, Umred Dist. Nagpur {bearing Public Trust Registration No. F 164 (N)} was allowed, with necessary directions to newly appointed nine trustees ( i.e. Respondent Nos. 2 to 10) for management of the said Public Trust and its property in accordance with rules and regulations and Memorandum of Association.

(2.) It is not in dispute that the aforesaid Public Trust was formed and registered with the aim and object to impart education from elementary stage to highest possible standards for students in the area of Umred Tahsil. The Trust is also running a Junior College, by name, Nutan Adarsha Arts, Commerce & Smt. M H Wajed Science College, New Ideal High School and New Ideal Girls' High School at Umred.

(3.) The facts of the case,in brief, are these : As far back as on 13.10.1936, Ideal Education Society, was registered as society under the Societies Registration Act, 1860. It came to be registered as "Public Trust" with effect from 20.1.1963. On or about 27.11.1989, the Joint Charity Commissioner, Nagpur by suo motu Proceeding No.12 /1981 initiated under section 41D of the Act of 1950 removed the existing trustees and appointed S/Shri (i) R.V. Nathani ; (ii) Dr.Shrawan Parate; (iii) T.B.Deshmukh (iv) Kanjibhai Vegad; and , (v) K B Chandle, to look after and manage the affairs of the Public Trust. On 8.1.1999 by an order passed in Application No.13 /1998 & 25/ 1998 Joint Charity Commissioner suspended members of adhoc body of fit persons appointed by an order dated 27.11.1989 and reconstituted the body of fit persons by appointing S/Shri (i) B B Taywade; (ii) S M Sorte, (iii) J R Sadavarte; (iv) R.N. Khandude; and, (v) I.D. Nagdevte as members of adhoc body of fit persons to look after and manage the affairs of the said Public Trust. By an order dated 15.6.2002 in proceedings Application No.13 of 1998 and 25/1998 Joint Charity Commissioner dismissed (1) S.Shri T.B.Deshmukh (2) Dr. Shrawan Parate (3) Kanjibhai Wegad (4) K B Chandle who were members of adhoc body of fit persons who challenged their removal before the District Court, Nagpur by an appeal which is still pending.