The need for obtaining sanction for amendments to the trust constitution before conducting elections.

JUDGMENT

1. We have heard Mr.Kulkarni, learned advocate for the petitioner, Mr.Brahme, learned advocate for respondent nos.2 and 3 and learned A.G.P. for respondent nos.1 and 4.

2. The petitioner is challenging the communication issued by respondent no.3 to the petitioner intimating about conducting forthcoming general elections as per the amended constitution of the trust.

3. It appears that the amendment was made in the constitution of the trust with regard to inducting the wards of the deceased members as a members of the trust and also making other amendments such as the charges for the nomination paper and the manner of voting. The said amendment was resolved in the General body meeting held on 16/12/2018. The General body also resolved that the said amendment would take effect only after sanction from the Deputy Charity Commissioner, Jalgaon.

4. The respondents have declared the elections without getting sanction to the said amendment.

5. According to Mr. Kulkarni, learned advocate for the petitioner, holding of the elections is against the dictum of Governing Council. Whereas according to Mr.Brahme, learned advocate for respondent nos.2 and 3, the said resolution is not in consonance with the bye- laws. Clause 46 of the bye-laws prescribed that the amendment to the bye-laws would come into effect from the date when it was amended, no particular sanction is required. Moreover, it is submitted that the Change Application No.734/2019 is pending for sanction of the said amendment for almost two years. The petitioner has raised objection to the same by filing intervention application.

6. The amendment made to the bye-laws is with a rider, the same is in regional language, which reads thus :-

...[VERNACULAR TEXT OMITTED]...

7. The Governing body/general body is supreme. It has passed the resolution for amendment and has further resolved that the said amendment shall be placed before the Deputy Charity Commissioner and only upon its sanction the new bye-laws/constitution would be implemented. Respondent no.2 Secretary, it appears that filed application for sanction of the said amendment with the office of the Deputy Charity Commissioner, Jalgaon. The same is pending.

8. The General Body has not revoked the said resolution and on the contrary the steps are being taken for getting sanctioned the said amendment. The respondents in the midst of it has ventured to take elections as per amended bye- laws, which are pending sanction pursuant to the resolution of the general body.

9. According to us, respondent nos.2 and 3 committed haste in proceeding ahead with the elections before sanction of the said amendment by the office of the Deputy Charity Commissioner, more particularly when respondent nos.2 and 3 themselves have moved for getting sanctioned the amendment to the Deputy Charity Commissioner.

10. Considering now the further steps of elections are being conducted, we pass the following order :-

ORDER

(i) The voting scheduled on 13/2/2022 may be held, however, the results of the elections shall not be declared unless the orders are passed on Change Application No.734/2019 by the office of the Deputy Charity Commissioner, Jalgaon.

(ii) The Deputy Charity Commissioner, Jalgaon shall endeavour to decide the said Change Application no.734/2019 within one month.

(iii) The petitioner and respondent nos.2 and 3 296.22WP.odt shall appear before the office of the Deputy Charity Commissioner, Jalgaon on 17/2/2022.

(iv) The further steps in the elections may be conducted in tune with the orders that may be passed in Change Application No.734/2019.

(v) Needless to state, we have not observed anything on merits of the amendment of the bye- laws. It is for the office of the Deputy Charity Commissioner to take decision on its own merits.

(vi) The Writ Petition is disposed of. No costs.

(vii) Authenticated copy be given.