JUDGMENT :

Rule. Rule is made returnable forthwith. With the consent of parties taken up for final hearing.

A. P ROLOGUE

2. Sanjivani Education Society, a registered trust under the provisions of the Maharashtra Public Trust Act, 1950 (for the sake of brevity hereinafter referred as to the ‘Trust Act’) in the year 1979, has established total 31 educational institutions in Parbhani district consisting of twenty five primary and secondary schools, four junior colleges, one senior college and one military school. The trust, established with a noble objective of making available educational facilities amongst the members of public in the year 1979, has now embroiled itself into serious disputes relating to control over its management and affairs. As of today, there are two rival groups who are asserting rights to manage and control affairs of the trust. One of the groups was led by late Shri Sheshrao D. Bharose, the founder Chairman of the trust and since he is no more, his son Shri Anand S. Bharose now leads this group (for the sake of convenience this group is referred in the present judgment as ‘Bharose Group’). The other group consists of three surviving founder trustees viz Dr. Vedprakash Kashirao Patil, Shri Vitthal Govindrao Bhosale and Shri Shivaji Narayanrao Kakde (for the sake of convenience this group is referred in the present judgment as ‘Patil Group’).

B. THE CHALLENGE

3. The subject matter of challenge in this group of petitions is the judgment and order dated 07th May, 2019 passed by the Joint Charity Commissioner, Aurangabad (for short “J.C.C.”) thereby confirming the judgment and order dated 29th April, 2017 passed by the Assistant Charity Commissioner, Parbhani (for short “A.C.C.”). Numerous Change Reports have been decided as a result of these orders of the JCC and ACC, the lead Change Report Enquiry being No. 190/2010. Patil Group has emerged victorious in the bitter battle for control of the Trust, with the J.C.C. directing the Patil Group to take necessary steps for formation of various bodies to constitute governing council, which is directed to act as the legal body of the trust.

C. FACTUAL MATRIX :

4. Sanjivani Education Society came to be registered under the provisions of the Trust Act in the year 1979. The trust had eight founder members as under:

Sr. No. Name of the Member Position

1. Shri S. D. Bharose Chairman

2. Dr. V. K. Patil Vice Chairman

3. Shri D. A. Solunke Secretary

4. Shri V. G. Bhosale Joint Secretary

5. Shri Raghubai Patel Member

6. Shri B.G. Nirwal Member

7. Mrs. Sarnaik Member

8. Shri S. N. Kakde Member

5. The transitory governing council under the Chairmanship of Shri Sheshrao D. Bharose was looking after the entire administration of the trust as a Governing Council. The tenure of the transitory governing council as per the constitution of the trust was three years and it appears that no further elections were held to constitute the governing council after the year 1982.

6. In the year 2003, Chang Report Enquiry No. 527 of 2003 came to be filed before the A.C.C., Parbhani by the founder Secretary Shri Dalpatrao Solanke on the basis of alleged general body meeting dated 02.11.2003 electing managing committee for the period 2003 to 2006. In that change report, Chairman Shri Sheshrao D. Bharose filed an application along with list of 25 persons claiming that they were admitted as members of the trust. The application was objected by Secretary Shri Dalpatrao A. Solanke.