BALAJI GYANOBA CHIKHALE Vs. UTTAMRAO GANPATRAO PATIL

JUDGEMENT

(1.) Present appeal has been filed by the original respondent Nos.1 to 6 challenging the Judgment and order dated 07.04.2017 passed by learned District Judge-6, Nanded in Miscellaneous R.J.E. No.40/2015 under Section 72(5) of the Maharashtra Public Trusts Act, 1950, whereby the said appeal filed by the present respondents/applicants came to be allowed.

(2.) The facts giving rise to the present appeal are, the applicants/appellants before the District Court were the founder members and office bearers of Public Trust by name Priyadarshani Shikshan Sansthan, Gurphali, Tq. Hadgaon, Dist. Nanded, which runs a primary school at Hadgaon. As per the By Laws of the Trust, elections were to be held after every five years. According to the appellants, the founder secretary one Sakharam Pimparkhede had created false and fabricated documents showing resolution passed by the Managing Committee on 28.12.2008, election of Managing Committee in the said General Body meeting dated 10.01.2010 and change in the Managing Committee by way of election dated 04.02.2010. On the basis of these documents he had submitted a change report before the learned Assistant Charity Commissioner under Section 22 of the Maharashtra Public Trusts Act. Thereafter, as per the procedure, inquiry was initiated under inquiry No.903/2010. The applicants were served with the notice and then they came to know about the false documents produced. It is stated that by resolution dated 03.08.2010 passed by the Managing Committee they had decided to withdraw the change report and ask Sakharam Pimparkhede to withdraw the change report. It is stated that accordingly he had made application on 26.08.2010 before learned Assistant Charity Commissioner for withdrawal of the change report and therein the notices were issued to the incoming trustees. Thereafter, respondents before the First Appellate Court appeared in the matter through Advocate on 04.10.2010 and a pursis was filed that they were under the impression that the proceeding of the change report might have been closed when Sakharam had filed pursis. Thereafter, it was contended that on 20.01.2013 the respondent No.1 had instructed the Headmaster of the school to display the board of new Managing Committee of the Trust, whereupon the Headmaster had intimated the said fact to the applicants before the First Appellate Court and they came to know about the proceedings, which have been initiated. It is stated that Sakharam Pimparkhede had given an application Exh.27 for condonation of delay and the application notarized before the Notary Public on 26.09.2012, but it was shown that it has been filed before the learned Assistant Charity Commissioner on 16.09.2012. It was shown that the matter has been settled before the Lok Adalat, that was held on 16.09.2012, of which no notices were given to the applicants before the First Appellate Court. It is stated that the Lok Adalat could not have decided the matter and therefore, after getting knowledge and collecting all the documents, the applicants before District Court had filed revision petition No.5/2014 before learned Joint Charity Commissioner, Aurangabad.

(3.) After hearing both sides the learned Joint Charity Commissioner, Aurangabad has dismissed the revision petition No.5/2014 on 22.12.2014.