JUDGMENT - Rohee K.J., J.: - The appellants have challenged the order dated 23-3-1998 passed by the learned Single Judge dismissing their First Appeal No. 473/1997 against the order dated 3-10-1997 passed by the Joint Charity Commissioner, Nagpur, appointing 15 persons as the trustees of the public trust.

2. Shri Ambadevi Sansthan Amravati, is a registered public trust. The father of appellant No. 4 was one of the trustees of the said trust. The father of appellant No. 4 died on 3-12-1989. As there were vacancies which were not filled in, appellant No. 4 moved an application before the Joint Charity Commissioner under section 47 of the Bombay Public Trusts Act, 1950 (for short "the Act') bearing Application No. 1/1996 for admitting him as a trustee. During the pendency of the application, several persons expressed their desire for being appointed as trustees in the vacant posts. After considering the matter, the Joint Charity Commissioner appointed 15 persons as the trustees of the said trust. Appellant No. 4 was not appointed as trustee.

3. Appellant No. 4 and three more trustees preferred an appeal against the said order before this Court under section 47(5) of the Act. The learned Single Judge dismissed the appeal by observing that apart from section 47 of the Act, the Joint Charity Commissioner had an authority to make appointment of trustees if the vacancies are not filled in by the remaining trustees within the time limit.

4. Mr. J.N. Chandurkar, the learned Counsel for the appellants while assailing the impugned order submitted that the application under section 47 of the Act to appoint a trustee itself was not tenable as the power of Charity Commissioner to appoint a trustee under section 47 is very limited. In this respect the learned Counsel for the appellants relied on (Gyandeo Tukaram Devre and others v. Ganpat Nathu Devre and others)1, 1994(4) Bom.C.R. 172 in which it has been held under:

'Section 47 does not confer any general power on the Charity Commissioner to appoint any new trustees. Power under section 47 of the Act can be exercised only in cases specifically covered by the section.'

5. It may be noted that it was appellant No. 4 himself who had moved an application under section 47 of the Act for being appointed as trustee and as the Joint Charity Commissioner did not appoint him as trustee, he challenged the order with other trustees. So primarily it does not fit in the mouth of particularly appellant No. 4 to challenged the impugned order by alleging that 15 trustees could not have been appointed by the Joint Charity Commissioner under section 47 of the Act.

6. Another important aspect is that Suo Motu Proceedings No. 41/63 for framing scheme were initiated by the Joint Charity Commissioner under section 50-A of the Act in respect of Shri Ambadevi Sansthan and a scheme was framed on 13-9-1965. Clause 6 of the said scheme prescribes that the number of trustees shall not be less than 7 and not more than 30. For the purposes of the present appeal, Clause 9(b) is material. It reads as under:

Appointment of new trustee:

(b) If any of the trustees shall die or be absent from Maharashtra for a period of one year or be adjudicated an insolvent or be convicted of a criminal offence involving moral turpitude and punished with imprisonment or desire to be discharged from or refuse or in the opinion of the Charity Commissioner of Maharashtra (hereinafter referred to as the "the Charity Commissioner") become unfit or in the like opinion incapable to act in duties and powers reposed in him or them under this scheme the surviving or continuing trustees or trustees from the time being or if they shall all retire simultaneously or the last surviving trustee shall by writing appoint any other person or persons being permanent residents of Amravati after obtaining the consent of the Charity Commissioner in writing to be a trustee or trustees in the place of the trustee or trustees so doing or being absent from Maharashtra or bec

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