JUDGMENT :

1. Leave to amend the prayer clause of Second Appeal No.191 of 2011 is granted. The amendment be carried out forthwith.

2. Heard.

3. The present appeals arise out of the decision allowing the Change Report No.1176 of 2003 and rejecting the Change Report No.788 of 2000 of a Trust viz. Chandrakant Shikshan Sanstha, Telkamptee, District : Nagpur, which was established in the year 1968.

4. Under Section 41D of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the “Act of 1950”) a proceeding came to be initiated for suspension, removal and dismissal of President and Secretary of the above referred trust.

5. In the said proceedings namely Application No.6 of 1995 the Joint Charity Commissioner passed a judgment and order on 30/08/2003 holding that the charges against the trustees namely Punjabrao Phalke and Madhukarrao Phalke, Secretary and President, respectively, have not been proved and therefore, the application under Section 41D of the Act of 1950 was dismissed. However, it was directed to enroll new general body members by calling applications by making paper publication.

6. The above referred directions to enroll members, came to be challenged in Writ Petiti