TOTARAM DASUJI RATHOD Vs. ATMARAM KISANSING RATHOD

JUDGEMENT

(1.) Heard finally with the consent of the learned Counsel appearing on behalf of the respective parties.

(2.) This is an appeal against the judgment and order dated 17th July, 2018 passed by the learned Joint Charity Commissioner, Amravati in Application No. 10 of 2004 by which the application is partly allowed. Non-applicant (appellants) Nos.1, 6, 12 and 13 are removed from the Trust permanently for committing default under Sec. 41-D (1)(a), (c) and (d) of Maharashtra Public Trusts Act.

(3.) Respondent No.1 was elected as a Treasurer in the year 2004. Thereafter, respondent No.1 found some illegalities committed by the non-applicants by misusing their powers. He also found some misappropriation of the funds and wrongfully removed/disposed of the property of the Trust. The appellant (non-applicant No.1) being the Secretary of the Trust failed to call meeting for 13 years in spite of valid election dated 06.02.2004. Being the Secretary, it was his duty to submit audit report etc. to the Charity Commissioner but he did not submit any audit report for a long period. Respondent No.1 filed an application under Sec. 41-D for removal of the appellants and others from the Trust namely Vasantrao Naik Shikshan Sanstha, Palasgaon Nago (Naik), District Buldana.