JUDGMENT :

1. Though these Petitions assail distinct orders passed by the Assistant Charity Commissioner, Pune, yet the genesis of the impugned orders being common, both these Petitions are proposed to be decided by this common judgment.

2. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, heard finally.

3. The background facts necessary for determination of these Petitions can be summarized as under :

3.1 Shri Sadguru Santvarya Yogi Raj Shankar Maharaj Samadhi Trust, Pune– Respondent No.3, in Writ Petition No.6212 of 2022, is a Public trust registered under the Maharashtra Public Trusts Act, 1950 (the Act of 1950). A scheme came to be settled by the Assistant Charity Commissioner, Pune in suo motu Scheme proceeding No.30 of 1968 along with Scheme Application No.5 of 1969 for the administration and management of the said trust. Under the Scheme, the number of trustees was to be not less than 5 and more than 7. One of whom was to be always from the family of late Pannalal Balkishan Malpani. Under the said Scheme, the first board of trustees was appointed. The Scheme, inter alia, provided for the mode of succession to the office of the trustees under clause 10A to the effect that the trustees would be appointed for every three years by the Assistant Charity Commissioner, Pune, out of the panel of at least 10 suitable names to be submitted to him by the existing trustees three months before the expiry of their term along with the consent of the persons proposed in the panel.

3.2 An Application being Application No.491 of 2014 was filed seeking appointment of the trustees, pursuant to a resolution passed by the then Board of trustees on 24 September 2014 to nominate 10 persons for appointment to the post of trustees for the period 1 January 2015 to 31 December 2017.

3.3 By an order dated 8 August 2017, the learned Assistant Charity Commissioner, Pune, was persuaded to hold that the panel of 10 names was not validly nominated by the then Board of trustees. The learned Assistant Charity Commissioner in exercise of the power conferred under clause 10A of the Scheme, appointed 7 trustees to administer the affairs of the trust.

3.4 Writ Petition being No.9443 of 2017 came to be filed before this Court assailing the order dated 8 August 2017, under which Mr. Bhagwan Pandurang Khedekar – Petitioner No.1 in WP No.6212 of 2021 and others were appointed as trustees. By an order dated 31 August 2017, this Court stayed the effect and operation of the order dated 8 August 2017 passed by the Assistant Charity Commissioner. Eventually, by an order dated 18 June 2019, the said Writ Petition and the Applications therein were dismissed.

3.5 The Petitioner preferred an Application being IA No.1 of 2020 in the said Writ Petition seeking clarification that the period for which the stay to the order of the Assistant Charity Commissioner dated 8 August 2017 was in operation be excluded while computing the term of three years.

3.6 By an order dated 5 August 2020 this Court declined to entertain the application for clarification. However, liberty was given to the Applicant to prosecute the application filed before the Assistant Charity Commissioner seeking directions regarding the tenure of the trustee.

3.7 In Misc. Application No.131 of 2020 preferred before the Assistant Charity Commissioner, the Petitioners prayed for a direction that the tenure of the trustees appointed pursuant to the order dated 8 August 2017 passed in Misc. Application No.491 of 2017 be calculated from the date they took charge of the office i.e. 13 December 2019. It was, inter alia, averred that though the Writ Petition No.9443 of 2017 was decided on 18 June, 2019, copy of the said order was not made available till 17 October 2019.

3.8 The learned Assistant Charity Commissioner was, however, not persuaded to accede to he aforesaid prayer of the Petitioners and the Misc. Application No.137 of 2020 came to be rejected by an order dated 11 March 2022