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2020 Supreme(Bom) 1174

A.S.CHANDURKAR, N.B.SURYAWANSHI
Lakhichand Marotrao Dhoble – Appellant
Versus
Joint Charity Commissioner, Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: C.S. Kaptan, S.V. Bhutada.
For the Respondents: M.A. Kadu, Ashwini Athalye, Shakil Deshmukh, R.K. Joshi, S.P. Dharmadhikari.

JUDGMENT :

A.S. CHANDURKAR, J.

1. In view of notice for final disposal issued earlier, the learned counsel for the parties have been heard at length.

2. Rule. Rule made returnable forthwith and taken up for hearing.

3. The petitioners who are the Chairman and Treasurer respectively of a public trust by name Shri Ganesh Mandir Tekdi, Nagpur (for short, the Trust) have been removed from their posts by other members of the Managing Committee of the Trust by passing a motion of no-confidence. The public Trust is registered under the Maharashtra Public Trusts Act, 1950 (for short, the Act of 1950). The petitioners have invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for seeking a declaration that the Scheme of administration of the Trust does not contemplate passing of a “no-confidence motion” against the office bearers of the Managing Committee of the Trust. On that premise, resolution dated 05.07.2020 expressing no-confidence against the petitioners has been challenged as being bad in law.

4. A Scheme of administration of the affairs of the Trust came to be formulated and thereafter settled by this Court in First Appeal No. 182/1973. As per the af

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