The main legal point established in the judgment is the obligation of the authority to provisionally accept the change report and decide the inquiry within a stipulated period, as per the provisions of Section 22 of the Trust Act.

JUDGMENT

1. By consent, heard finally at admission stage.

2. The petitioner is original reporting trustee in Change Report inquiry No. 1420 of 2019, which was initially filed before the Assistant Charity Commissioner, Latur and is now transferred to respondent No.1 Deputy Charity Commissioner, Beed. Respondent Nos. 2 to 4 have filed objection to the Change Report inquiry No. 1420 of 2019.

3. By way of present writ petition, the petitioner is challenging the legality and validity of the common impugned order dated 04.01.2021 passed by the learned Deputy Charity Commissioner, Beed belowExh.15 and 21, thereby rejecting the application Exh.15 seeking provisional acceptance of the change report. Hence, this writ petition.

4. The change report pertains to the Trust viz. Mahatma Basweshwar Shikshan Sanstha, Latur having registration (PTR) No. F-52, registered under the provisions of Maharashtra Pubic Trust Act, 1950 (for short "the Trust Act") as well as the Societies Registration Act, 1860. The said Trust runs various schools and colleges at Latur as well as at Ambejogai. By order dated 22.02.2018, the Charity Commissioner, State of Maharashtra dissolved all the bodies of the Trust claiming to be elected and had filed various change reports before the Assistant Charity Commissioner, Latur. Learned Charity Commissioner, State of Maharashtra has further appointed the temporary committee and directed to hold the elections through the office of the Deputy Charity Commissioner, Latur. Accordingly, the Deputy Charity Commissioner, Latur had conducted the elections and the change report inquiry No. 5548 of 2018 was submitted before the Assistant Charity Commissioner-3, Latur. By order dated 18.08.2018, the Assistant Charity Commissioner-3, Latur has provisionally accepted the said change report bearing inquiry No. 5548 of 2018 by which the managing committee of the trust was elected. However, the group headed by respondent No.2 had approached to this Court by filing writ petition No. 8593 of 2018 challenging the order passed by the learned Assistant Charity Commissioner, Latur thereby provisionally accepting the change report inquiry No. 5548 of 2018. By order dated 22.02.2019 this Court (Coram: Ravindra V. Ghuge, J.) has disposed of the said writ petition alongwith connected writ petitions with certain directions as detailed in para 34 of the said order.

5. Being aggrieved by the said judgment and order dated 22.02.2019 passed by this Court in writ petition No. 8593 of 2018, the respondent No.2 herein had filed Special Leave to Appeal (Civil) 8089-8090/2019 before the Supreme Court. By order dated 29.03.2019, the Supreme Court has dismissed the said S.L.P. observing that the order passed by the High Court is eminently just.

6. In pursuance to the directions issued by this Court in the order dated 22.02.2019 passed in writ petition No. 8593 of 2018, the Joint Charity Commissioner, Latur appointed the Assistant Charity Commissioner, Beed as an election officer/Returning officer. The election programme was published on 16.04.2019. Pursuant to the said election programme, the elections claim to have been conducted on 05.05.2019 and the Election Officer has published the list of elected members on 05.05.2019 itself. The learned Joint Charity Commissioner, Latur, who had taken over the administration of the trust pursuant to the directions issued by this Court in the aforesaid writ petition, handed over the charge to the newly elected managing committee by handing over the banks of account, cheque books and other relevant documents on 07.05.2019. Further pursuant to the said elections held on 05.05.2019, the petitioner has reported the said change on 20.05.2019, which was registered as change report inquiry No. 1420 of 2019.

7. Mr. Dhorde, learned senior counsel for the petitioner submits that respondent No.2 and his group members are creating hurdles in the working of the trust with malafide intention. The same is evident from the act of respondents,