JUDGMENT - D.R. DHANUKA, J.:--Mr. Jamdar tenders copy of the rules applicable to the society. Copy of the rules taken on record and marked "A" for identification.

2. A short but interesting point arises in this appeal concerning interpretation and application of section 47 of Bombay Public Trusts Act, 1950 as indicated below. The question before the Court is as to whether the application made under section 47 of the Act for appointing two of the trustees to fill up the vacancy caused on death of two out of nine trustees is maintainable in law.

3. This appeal is preferred by original opponents No. 1, 2 and 4 against the Order dated 30th September 1983, passed by the Joint Charity Commissioner, Maharashtra State, Bombay in Application No. 3 of 1983, made under section 47 of the Bombay Public Trust Act, 1950. By the said Order, the Charity Commissioner has appointed Shri Vishwanath Namdeo Devre and Shri Kadu Eknath Hire as Trustees of "Gram Shikshan Samiti Trust" Umarane Taluka Malegaon, District Nashik (P.T.R. No. F-671 (Nashik) in the vacancy caused on death of Shri Arjun Malji Devare and Shri Mohanrao Sukhdeo Devre two of the trustees of the said trust prior to their death. By Order dated 11th October 1983, this Court granted stay of operation of the Order passed by the Joint Charity Commissioner referred to hereinabove. The said stay order is operative.

4. Gram Shikshan Samiti is an educational society duly registered under the Societies Registration Act as well as a trust under Bombay Public Trust Act, 1950. The rules of the said society provide that the General Body of the said society shall constitute a managing committee for looking after the management of the said society. Rule 11 of the relevant rules provides that the Managing Committee will consist of two members out of patrons and donors of the society and seven members out of the ordinary members of the society. Rule 12 of the said rules provide that Nine members of the Managing Committee will choose the Chairman from amongst the members of the Managing Committee. The said rule also provides that generally the tenure of the Managing Committee will be for three years. Rule 7 of the said rule provides that the emergency special meeting of the general body will be called on signing of requisition by atleast 1/3rd members of the general body. The said rules do not make any specific provision for filling up of the casual vacancy. The members of the managing committee of the society are deemed to be trustees of the said trust. The said rules do not prescribe that the trust must have a particular minimum number of trustees for being able to administer the affairs of the trust. Two questions arise for consideration of the Court in this appeal. Whether seven trustees could continue to administer the affairs of the trust until the vacancy caused on death of two of the trustees was filled up? The answer is in affirmative. Whether the Charity Commissioner had jurisdiction to fill up the vacancies and appoint new trustees under section 47 of Bombay Public Trust Act, 1950? Having regard to the facts of this case and the restricted powers of the Charity Commissioner under section 47 of the Act read with the above-referred rules of the society, this question must be answered in negative. The general body of the society could fill up the said vacancies in exercise of its discretion and not the Charity Commissioner.

5. Section 47 of the Bombay Public Trust Act, 1950 reads as under :-

"Any person interested in a public trust may apply to the Charity Commissioner for the appointment of a new trustee, where there is no trustee for such trust or the trust cannot be administered until the vacancy is filled, or for the suspension, removal or discharge of a trustee, when a trustee of such trust -

(a) disclaims or dies;

(b) is for a continuous period of six months absent from India without the leave of the Charity Commissioner or the Deputy or Assistant Charity Commissioner or t

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