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1990 Supreme(Bom) 153

S.M.DAUD
Vajubhai Patel & another – Appellant
Versus
Charity Commissioner, Maharashtra State & others – Respondent


Judgment

S.M. DAUD, J.:---These are cross petitions under Article 226 of the Constitution aimed at the verdict of the Charity Commissioner (CC) in a proceeding under section 41-D r.w. 41-E of the Bombay Public Trusts Act, 1950 (B.P.T.A.).

2. Basic education is one of the many concepts which this country owes to Mahatma Gandhi. To popularise this ideal certain individuals including Vajubhai Patel in 1964 organised themselves into a Council known as the Indian Council of Basic Education. In April 1964, the Council was registered under the Societies Registration Act of 1860 (SR. Act) as also the B.P.T.A. Vajubhai, amongst others was recorded as a Manager as also a Trustee of the Council and the application for registration was moved by him. Accompaniments to the application included a Memorandum of Association and Rules and Regulations. The latter recited that the management of the affairs of the Council vested in the Board of Governors (B.G.) which was to be the sole executive of the Council. It was also stipulated that the General Body of the Council would appoint a Board of Trustees (B.T.) once its assets exceeded the value of Rs. 10,000/-. This came about in 1969 and the General Bod

















































































































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