Section 56-A of the Bombay Public Trusts Act, 1950, is limited to questions affecting the management or administration of the trust property or income thereof and does not confer a general power to interfere with the administration of a trust.

Headnote:
BOMBAY PUBLIC TRUSTS ACT, 1950 - SECTION 56-A - SCOPE AND CONTENT - LIMITATIONS - OPINION, ADVICE OR DIRECTIONS ON MANAGEMENT OR ADMINISTRATION OF TRUST PROPERTY OR INCOME THEREOF - NOT A GENERAL POWER TO INTERFERE WITH ADMINISTRATION OF TRUST - JURISDICTION LIMITED AND CIRCUMSCRIBED - ADVISORY AND CONSULTATIVE IN NATURE - EMERGENCY JURISDICTION - NOT FOR DISPUTED QUESTIONS OF LAW OR CONTESTED QUESTIONS OF FACT, COMPLEX RIGHTS AND TITLES OR QUESTIONS OF VITAL IMPORTANCE - PROCEEDINGS SUMMARY IN NATURE - NON-BINDING AND WITHOUT APPEAL - APPLICATION FOR DIRECTIONS ON QUESTIONS NOT PERTAINING TO TRUST PROPERTY OR INCOME NOT MAINTAINABLE - REWRITING OF SECTION 56-A - APPLICATION DISMISSED IN LIMINE.
Fact of the Case:

Petition under Article 227 of the Constitution challenging an order passed by the learned Assistant Judge, Dhule, in a section 56-A application under the Bombay Public Trusts Act, 1950, seeking directions on various matters related to the management and administration of a public trust.
Finding of the Court:

The Court held that the application for directions under section 56-A of the Act was not maintainable as the questions on which directions were sought did not pertain to the management or administration of the trust property or income thereof, which is the limited scope of the section.
Issues: 1. Whether the scope of section 56-A of the Bombay Public Trusts Act, 1950, is limited to questions affecting the management or administration of the trust property or income thereof? 2. Whether the Court has a general power to interfere with the administration of a trust under section 56-A? 3. Whether the jurisdiction under section 56-A is mandatory or discretionary? 4. Whether proceedings under section 56-A are summary in nature? 5. Whether an application for directions on questions not pertaining to trust property or income is maintainable under section 56-A?
Ratio Decidendi: 1. Section 56-A of the Bombay Public Trusts Act, 1950, is limited to questions affecting the management or administration of the trust property or income thereof. 2. The Court does not have a general power to interfere with the administration of a trust under section 56-A. 3. The jurisdiction under section 56-A is discretionary and not mandatory. 4. Proceedings under section 56-A are summary in nature. 5. An application for directions on questions not pertaining to trust property or income is not maintainable under section 56-A.
Final Decision: The petition was allowed, the impugned order was set aside, and the Miscellaneous Civil Application No. 6 of 1978 was dismissed as not maintainable.

JUDGMENT - S.C. PRATAP, J.: This petition under Article 227 of the Constitution challenges the order passed by the learned Assistant Judge, Dhule, below Miscellaneous Civil Application No. 6 of 1978 preferred by the Board of Trustees of a public trust Khandesh Education Society for opinion, advice or directions under section 56-A of he Bombay Public Trusts Act, 1950 (hereinafter the Act). The very short but rather interesting question arising herein and on which, I am informed by the learned Advocates, there is no direct authority of this Court is:

"What is the scope and content of section 56-A of the Act and what are the limitations thereunder ?"

It is needless to narrate all the facts, circumstances and the unfortunate controversies between the parties. Suffice to note that section 56-A application in this case sought directions on:

(a) Whether it would be proper to convene an annual general meeting during the pendency of an injunction order and/or during the pendency of a writ petition;

(b) whether an annual general meeting as contemplated in the Constitution could be lawfully held without publishing or holding the election;

(c) whether a certain group of 69 persons as also certain class of 23 firms could be allowed to attend such general body meeting; and

(d) what steps could be taken to hold election expeditiously and to prevent obstructions therein.

2. Hearing and considering the rival submissions of Mr. B.P. Apte for the petitioner, Mr. M.R. Kotwal for the contesting respondents Nos. 4 and 5 Mr. R.V. Desai for the other respondents, I find it difficult to resist the preliminary contention of Mr. B.P. Apte that the instant application for directions was per se not maintainable under section 56-A of the Act.

3. Turning to section 56-A, one finds that it relates to opinion, advice or direction of the Court on any question affecting:

".......the management or administration of the trust property or income thereof......".

That, therefore, is the limited perimeter of this section. The focal centre of section 56-A is not the trust or its trustees or its members but only......" the trust property or income thereof......". And there its limit ends, its compass terminates. There is no general power to interfere with the administration of a trust as contra distinguished from trust property or its income. Jurisdiction under section 56-A is not an open sesame or a master key to all trust questions and problems. Indeed, to the contrary. It is a limited and circumscribed jurisdiction. It is essentially advisory and consultative in nature. It may as well be characterised as an emergency jurisdiction to be invoked and exercised in unusual circumstances or in unforeseen situations but generally only when the question is one which is capable of being dealt with without much details or difficulty. Disputed questions of law or contested questions of fact, complex rights and titles or questions otherwise of vital importance such as validity of meetings and resolutions, holding of elections and/or right to vote all fall outside the realm of section 56-A. Moreover, even qua trust property or its income, this section is only an enabling provision. Again, opinion, advice or direction is not mandatory if the Court considers the question on which it is sought, to be a question not proper for summary disposal. In such a situation, opinion, advice or direction is not to be given merely because it is asked for. Care and caution is the crux. In a given case, refusal would be perfectly within the competence of the Court. Proceedings under section 54-A are after all of a summary nature. The non-binding character thereof, want of finality thereto and absence of any appeal therefrom are further pointers inter alia to this summary character.

4. Now, in this light, reverting to the application herein, what is the position? One finds that not a single direction is sought on management or administration of the trust property or income thereof. The questions on whi

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