The court emphasized the importance of proper administration and legal procedures under the MPT Act, 1950, and the MEPS Act, 1977, in managing trust affairs and conducting departmental enquiries.

JUDGMENT

M.S.JAWALKAR, J.

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

3. By this petition, the Petitioners are challenging the order passed by the Assistant Charity Commissioner, Buldhana in Inquiry No.1 of 2021 dtd. 22/3/2021. The Petitioners are also seeking directions to restrain the Respondent Nos.1 to 10 from taking any major policy decision so also from taking any action with reference to Administration of Mahatma Phule Vidyalaya, Shegaon (hereinafter referred as "the school") run by Mahatma Phule Shikshan Prasarak Mandal, Shegaon, including any action of proceeding with disciplinary enquiry against employee including Petitioner No.1, till decision of rival change reports.

4. The case of the Petitioners in nut shell is as under : That, both the Petitioners are the Members of Trust namely Mahatma Phule Shikshan Prasarak Mandal (hereinafter referred as "the Trust"), which is registered as Public Trust under the provisions of the Maharashtra Public Trust Act, 1950 (for short, "the MPT, 1950"). The Trust has established the school, which is recognized and grant-in-aid school. The conditions of services of employees are governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short, "the MEPS Act, 1977") and Rules of 1981 framed thereunder. Petitioner No.1 Vinod Narayan Warhekar is an employee of the said school, which is run by the Trust, as a Laboratory Assistant and he is approved permanent Laboratory Assistant. He is also a life member of the Trust. Petitioner No.2 is also a Member of the Trust. The Respondent Nos.1 to 10 are claiming to be elected Managing Committee as per alleged elections held on 15/10/2000, 21/12/2016 and05.01.2017.

5. Shri. R. L. Khapre, learned Senior Advocate for the Petitioners submitted that there are serious dispute in management of the Trust. It is further submitted that the Respondent Nos.1 to 10 filed Change Report bearing Change Report Inquiry No.838 of 2000, which came to be disposed of by the learned Assistant Charity Commissioner on 12/3/2008 for want of prosecution. Change Report bearing Change Report Inquiry No.984 of 2011 came to be filed by the Respondent Nos.1 to 10, on the basis of alleged elections held in meeting dtd. 1/5/2011. Another Change Report bearing Change Report Inquiry No.985 of 2011 came to be filed by the Respondent Nos.1 to 7 alongwith application for condonation of delay in filing Change Report. In the meeting dtd. 26/6/2011, the Managing Body of the Trust resolved to induct new members in which, Petitioner No.1 Vinod Narayan Warhekar inducted as life member of the Trust. It is further contention of the Petitioners that other faction headed by Dhnyadeo Kisan Shegokar started acting in vengeful and illegal manner with Petitioner No.1 and issued a letter to Petitioner No.1 informing him that behavior and actions of the Petitioner No.1 are detrimental to the interest of the Trust and his life membership was cancelled. Being aggrieved by the same, the Petitioner No.1 alongwith his brother filed Civil Suit bearing No.72 of 2016 for grant of permanent injunction restraining Respondent No.1 alongwith others from prohibiting the Petitioner No.1 for participating in the proceedings of the Trust as a life member.

6. The learned Trial Court, after hearing both the parties, granted temporary injunction. The said order granting temporary injunction is challenged before this Court by the Respondent No.1 and others vide Writ Petition No.5344 of 2019. The further proceedings were stayed by this Court in RCS No.72 of 2016, till the decision of petition. The said petition was converted into Civil Revision Application. In between, Change Report Inquiry No.74 of 2019 was filed by one Ramesh Rambhau Lokhande on the basis of election held on 7/4/2019. It is claimed that in the said election, the Petitioner No.1 was inducted as a "Secretary" and Petitioner No.2 inducted as a Member of Managing