VIJAY VASUDEV RANE Vs. SHASHIKANT BHASKAR NIRGUDKAR

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioners have impugned the order dated 25th September, 2017 passed by the Joint Charity Commissioner, Greater Mumbai, Region Mumbai dismissing the appeal filed by the petitioners under section 70 of the Maharashtra Public Trusts Act, 1950.

(2.) Learned counsel appearing for the petitioners states that the responded no.1 is served. Statement is accepted. None appeared for the responded no.1 when the matter was called out. No affidavit in reply has been filed.

(3.) This petition is filed by the members of Ganesh Sansthan Trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 (for short "the MPT Act"). The petitioners had filed Change Report No.2546 of 2012 reporting the election of the managing committee held in the meeting held on 13th March, 2012 within the stipulated period of 90 days before the Assistant Charity Commissioner. The responded no.1 also filed Change Report Nos.1625 of 2013 and 193 of 2013 after 13 months from the date of the meeting which which held on 13th March, 2012. The petitioners raised an issue of limitation before the Assistant Charity Commissioner on the ground that the learned Assistant Charity Commissioner did not have power to condone delay in filing the change report under section 22 of the MPT Act. Learned Assistant Charity Commissioner passed an order on 23rd January, 2017 thereby condoning delay of 10 months in filing the change report under section 22 of the MPT Act and rejected the contentions raised by the petitioners raising a plea of limitation.