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2017 Supreme(Bom) 2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
K.K. SONAWANE, J.
Govind S/o Baliram Mugle & Ors. - Appellants
Versus
Govind S/o Narsingrao Kunale & Ors. - Respondents
First Appeal No. 2220 of 2016 With Civil Application No. 8628 of 2015
Decided On : 15-12-2017

Advocates Appeared:
For the Appellant :Mr. A.N. Subnis, Advocate h/f Mr. V.D. Gunale, Advocate.
For the Respondent:Mr. Nitin Jagdale, Advocate h/f Mr. V.D. Salunke, Advocate.

The court emphasized the importance of adherence to the rules and regulations of the Trust in determining the validity of membership changes and the conduct of meetings.

Headnote:

Maharashtra Public Trust Act - Validity and legality of findings expressed by the Assistant Charity Commissioner under section 22 of the Act of 1950 - Inquiry of change report No. 313 of 1997 - Membership change in an Educational Institution Trust

Fact of the Case:

The appellants, former members of an Educational Institution Trust, challenged the termination of their membership and the legality of a General Body Meeting that resulted in the change of membership. They alleged that the meeting and documents were forged and fabricated, and that the termination of their membership was unjustified.

Finding of the Court:

The court found that the termination of membership was valid as the appellants had been absent from consecutive meetings, as per the Trust's rules. The court also ruled that the Special General Body Meeting was legally conducted, as the notice was issued in accordance with the Trust's scheme.

Issues: Validity and legality of the change in membership and the conduct of the Special General Body Meeting.

Ratio Decidendi: The court upheld the findings of the Assistant Charity Commissioner and the Principal District Judge, concluding that the change in membership and the Special General Body Meeting were conducted in accordance with the Trust's rules.

Final Decision: The appeal was dismissed, and the findings of the Assistant Charity Commissioner and the Principal District Judge were confirmed.

JUDGMENT :

1. This is an first appeal filed under section 72(4) of the Maharashtra Public Trust Act, 1950 (for short “Act of 1950”) by the appellants to agitate validity and legality of the findings expressed by the learned Assistant Charity Commissioner, Latur (for short “ACC”) in the Inquiry of change report No. 313 of 1997 under section 22 of the Act of 1950. The Principal District Judge, Latur after exercising the powers under section 72 of the Act of 1950 upset the findings of the learned Joint Charity Commissioner, Latur (for short “JCC”) in revision No. 17 of 2004 and restore the decision of learned ACC under section 22 of the Act of 1950. Being aggrieved by the judgment and order of the Principal District Judge for restoration of status-quo ante in regard to change report No. 313 of 1997, the appellants preferred the present appeal to redress their grievance.

2. The genesis of the appeal culled out in brief is that, the present appellants were the members of Educational Institution known as “Jaihind Shikshan Sanstha,” Halgara, Ta. Nilganga, District Latur (for short '' Trust”). The institution was registered as Trust under the Act of 1950 bearing No. F-1386-Latur. The appellants were the President and Executive President of the alleged Institution/Trust prior to year 1997. But, in the General Body Meeting of the Trust held on 19-01-2017 the membership of four Office bearers/trustees including appellants came to be terminated and other four persons were inducted as new members of the Trust. The change occurred in the list of members of the Trust was reported to the learned ACC under section 22 of the Act of 1950. In order to ascertain the validity of change occurred, the learned ACC carried out the inquiry bearing No. 313 of 1997. In response to notices of inquiry the appellants appeared before learned ACC and denied the occurrence of any such change as alleged on behalf of Trust. After considering submissions on behalf of both sides, the learned ACC accepted the change report and directed for requisite amendment in the scheduled-I of the Trust.

3. The appellants-opponents did not satisfy with the findings of learned ACC for acceptance of change occurred relating to membership of alleged Educational Trust. In the result, appellants – opponents approached to learned JCC under section 70(A) of the Act of 1950 for exercising revisional jurisdiction to set aside and quash impugned order of learned ACC passed under section 22 of Act of 1950. The learned JCC after hearing came across with some sort of perversity in the findings of ACC and consequently, allowed the revision application. The impugned order of learned ACC accepting alleged change in the list of members of the Trust came to be set aside and quashed. However, then verdict of learned JCC passed in the revision application was put in controversy under section 72(1) of the Act of 1950. The Principal District Judge, Latur dealt with the rival submissions and proceeded to upset the findings of learned JCC and consequently restored the findings expressed by learned ACC passed under section 22 of the Act of 1950. But, the litigation did not came to an end. The appellants rushed to this Court by resorting to remedy under section 72(4) of the Act of 1950 and preferred the present first appeal to redress their grievance about validity and legality of the impugned order of learned ACC for accepting the change occurred in the list of membership of Educational Institution in this case.

4. Learned counsel for the appellants submit that Principal District Judge, Latur did not appreciate the facts and circumstances of the matter in its proper perspective and committed error in restoration of status-quo ante by accepting impugned change report. He alleged that so-called General Body Meeting dated 19-01-1997 was not at all convened by the respondents/Trust. The documents of meetings produced on record all were fake, forged and fabricated one. According to learned counsel, after electio























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