Important Point – Charity Commissioner himself can settle scheme without any application made by trustee or beneficiary.

By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the order dated 10th December 2015 passed by the respondent no.1-Assistant Charity Commissioner below Exhibit-34 filed by the petitioner herein requesting the Assistant Charity Commissioner to keep present scheme application proceeding in abeyance till disposal of change report No.450 of 2008.

2. The petitioner claims to be one of the trustees of Shreeji Education Trust, a Public Charitable Trust which was registered on 8th September 1971 and was established for various charitable purposes. On 3rd June 2008, the respondent no.6 had filed a Change Report No.2450 of 2008. It is the case of the petitioner that the petitioner had not attended any purported meeting of the purported Board of Trustees on 2nd April 2008. The respondent no.6 subsequently withdrew certain change reports on 5th May 2008 by which the names of Vasant Chavan, Rajani Bhavke and Sachin Yadav had been added as Trustees of the Trust which were pending before the Deputy Charity Commissioner. The Deputy Charity Commissioner passed an order on 25th June 2008 accepting the Change Report No.2450 of 2008. The petitioner filed an appeal under Section 70 of the Maharashtra Public Trusts Act, 1950 (for short “the said Act”) before the Charity Commissioner inter alia praying for setting aside the order dated 25th June 2008 and for rejection of Change Report No.2450 of 2008.

3. The Charity Commissioner passed an order dated 26th February 2009 staying the order passed by the Deputy Charity Commissioner on 25th June 2008 till further orders thereby staying the alleged appointment of respondent nos.2 to 5 as Trustees of the Trust. On 16th July 2009, the respondent nos.2 to 7 filed a Scheme Application before the Assistant Charity Commissioner under Section 50A of the said Act inter alia praying for framing a scheme for the management and administration of the Trust in terms of the Draft Scheme submitted by the respondent nos.2 to 7 along with the said application. The petitioner also filed an application for impleadment in the scheme application as a necessary party to the said Scheme application and also filed various objections including the maintainability of the said scheme application at the instance of the respondent nos.2 to 7. The petitioner applied for keeping the said scheme application in abeyance.

4. On 21st October 2015, the respondent nos. 2 to 7 filed a common reply to the abeyance application filed by the petitioner.

5. On 10th December 2015, the respondent no.1 rejected the said application for keeping the proceedings in abeyance filed by the respondent nos.2 to 7 for settling the scheme under Section 50A of the said Act. This order passed by the respondent no.1 has been impugned in the present writ petition.

6. Mr.Dani, learned senior counsel appearing for the petitioner submits that since the change report no.2450 of 2008 by which the appointment of the respondent nos.2 to 5 was reported as Trustees of the Trust, was remanded back by the Deputy Charity Commissioner, the respondent nos.2 to 7 could not pursue the application for settling the scheme under Section 50A of the said Act.

7. My attention is also invited to the said application and it is submitted that in the application made under Section 50A of the said Act, the respondent nos.2 to 7 had represented themselves as the then Trustees of the Trust. My attention is also invited to the impugned order passed by the learned Assistant Charity Commissioner and it is submitted that the respondent nos.2 to 7 could not have at all pursued the said application made under Section 50A of the Act in view of the fact that the change report reporting the appointment of respondent nos.2 to 5 is pending for adjudication. It is submitted that the respondent nos.2 to 7 do not have locus to file the said Scheme Application. He submits that until the change report in respect of the appointment of the resp