The main legal point established in the judgment is that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of the law. The court emphasized that an order secured as a result of deceit and passed in flagrant violation of a court order must be set aside immediately.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. With the consent of the parties, called out for final hearing. Mr. S.S. Dande, the learned AGP and Mr. Nandkumar B. Khandare, Mr. S.V. Adwant, Mr. D.J. Choudhari, the learned counsels waive notice on behalf of the respective respondents in both the writ petitions.

2. Petitioners are aggrieved by the order dated 11.01.2021 passed by the Assistant Charity Commissioner, Parbhani provisionally accepting change reported by the rival group of respondents under the provisions of sub-section (2) of Section 22 of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the ‘Act of 1950’). Petitioners in Writ Petition No.3788 of 2021 filed their objections to the order dated 11.01.2021, which has been repelled by the Assistant Charity Commissioner by his order dated 28.01.2021.

3. Considering the narrow controversy involved in these petitions, it is not necessary to narrate the chequered history of disputes between the rival groups for control over Sanjivani Education Society, a trust registered under the provisions of the Act of 1950. Several change reports were filed by the rival groups of petitioners and respondents before the Assistant Charity Commissioner reporting their respective changes in the management of the trust. The main bone of contention between the rival groups is about admission of new members to the trust. While respondent group wanted to admit 4 new trustees, petitioners’ group has effected admission of 157 new members. Six change reports filed by the rival groups of petitioners and respondents came to be heard and decided by a common judgment and order dated 29.04.2017 by the Assistant Charity Commissioner, Parbhani. All 6 change reports came to be rejected by that common judgment and order.

4. Both petitioners as well as respondents filed appeals before Jt. Charity Commissioner, Aurangabad challenging the judgment of the Assistant Charity Commissioner, Parbhani dated 29.04.2017. The Jt. Charity Commissioner passed a common judgment in all 6 appeals on 07.05.2019 dismissing appeals of both the groups. The Jt. Charity Commissioner referred to the group of petitioners as ‘Bharose Group’ and group of respondents as ‘Patil Group’. For the sake of convenience, the Petitioners and Respondents are being referred by the same nomenclature in the present judgment. Jt. Charity Commissioner issued directions for formation of various bodies to constitute Governing Council through the founder members and members of the transitory body. The Governing Council so constituted was directed to hold elections for regular Governing Council which was to act as legal body of the trust. Assistant Charity Commissioner was directed to ensure compliance of the order passed by the Jt. Charity Commissioner and if necessary, issue directions under Section 41-A of the Act of 1950.

5. Both ‘Bharose Group’ as well as ‘Patil Group’ were aggrieved by the common judgment and order passed by the Jt. Charity Commissioner on 07.05.2019 and both the groups have filed their own sets of writ petitions in this Court challenging the decision of the Jt. Charity Commissioner. On 04.06.2019, this Court (Coram: Ravindra V. Ghuge, J.) passed an interim order in those writ petitions staying the implementation of directions of the Jt. Charity Commissioner.

6. It is the case of petitioners that despite stay being granted by this Court to the directions issued by the Jt. Charity Commissioner to hold elections, respondent ‘Patil Group’ claimed holding of elections and formed a new Governing Council and thereby took over the affairs of the trust. Accordingly, respondents ‘Patil Group’ filed change report Enquiry No.8 of 2021 on 11.01.2021 to report the change in accordance with the results of the election and formation of the Governing Council. On 11.01.2021, the Assistant Charity Commissioner proceeded to pass an order thereby provisionally accepting the change under the provisions of Section 22 (2) of the Act