1. This Revision Application is by Social and Cultural Association, Kusumba, a registered Trust and its office bearers who are original Plaintiff Nos.1 to 4, 6, 8 and 9 in Regular Civil Suit No.541 of 2012 pending before Civil Judge, Senior Division, Dhule. Other Defendants from the Trust Defendant Nos.10 and 11 and the State and Assistant Charity Commissioner who have been arrayed as Defendants in trial Court, are arrayed here as Respondents. Original Plaintiff Nos.1 to 13 are present Respondent Nos.3 to 15. For the sake of convenience, I will refer to Petitioners as the Defendants and Respondent Nos.3 to 15, as Plaintiffs.

2. The present Revision was filed challenging orders below Exhibit 5 dated 1st September, 2012, vide which the resolution of the Trust expelling the Plaintiff Nos.2 to 9 from membership of the Trust was stayed and permission was granted to them to participate in the election held on 2nd September, 2012. The Revision has been filed also against the order dated 30th August, 2012 passed below Exhibits 16 and 22 in the Suit deciding preliminary issue regarding non maintainability of the Suit in view of Section 50 of the Maharashtra Public Trusts Act (earlier known as "Bombay Public Trusts Act, 1950") ("Trust Act" in brief). The trial Court has held that even in the absence of the sanction of the Charity Commissioner under Section 50 of the Trust Act, the Suit is maintainable.

When the Revision came up for hearing on 20th January 2014, learned counsel for Petitioners-Defendants, on instructions withdrew the challenge relating to quashment of the orders below Exhibit 5 with liberty to seek appropriate remedy if so desired. The liberty was granted. Thus, it is now necessary to deal with only the challenge relating to orders dated 30th August, 2012 passed below Exhibit 16 and 26 of the Suit.

3. Plaintiffs filed Suit claiming that the Defendants issued show cause notice dated 17th May, 2012 and vide resolution dated 16th July, 2012, cancelled the membership of the Plaintiffs. New elections came to be held on 2nd September, 2012. The Suit has been filed for declaration that the resolution dated 16th July, 2012 whereby the membership of Plaintiff Nos.1 to 13 has been cancelled, should be declared as illegal. Prayer (B) in the Suit is for permitting the Plaintiffs to participate in the election staying the resolution dated 16th July, 2012.

4. Against such Suit, Defendant No.2 and Defendant No.4 moved applications Exhibit 16 and 26 claiming that Section 80 of the C.P.C. was not complied and that keeping in view provisions of Section 50 of the Trust Act, the Suit was not maintainable in the Civil Court as Section 80 of the Trust Act creates a bar and that Plaint was liable to be rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 ("C.P.C." in brief), as the Suit is barred before the Civil Court.

5. Trial Court heard the parties for both sides and considered different Rulings cited by both the sides and observed in the context of Section 50 of the Trust Act that the nature of present suit is different as the Plaintiffs have challenged the resolution passed by the Defendants cancelling their membership. The trial Court observed that the Suit was to vindicate civil rights and so it was not barred. Regarding question raised of Section 80 of C.P.C. that notice was necessary as Collector and Assistant Charity Commissioner are party, the Court observed that the Suit was for urgent relief and application to dispense with notice had been allowed.

[In this Revision, challenge regarding notice under Section 80 of C.P.C. has not been raised and so I am not required to deal with that aspect.]

6. I have heard learned counsel for both sides. Learned counsel for Petitioners-Defendants submitted that elections were held in 2007 for the period 2007 to 2012 and now elections have been conducted on 2nd September, 2012 and the body elected will remain in power till 2017. The counsel submitted that Change Report No.632