ORDER :

1. Heard both sides.

2. Though the petitions have been filed by two individuals separately, they are impugning the selfsame order passed by the learned Joint Charity Commissioner - respondent no. 1, Aurangabad in Miscellaneous Application no. 1003 of 2019 dated 16-10-2019 in the matter of Shree Renuka Devi Sansthan, Mahur (hereinafter referred to as “the Trust”) Taluka - Mahur, District - Nanded, PTR no. A-2185 (Nanded) which is registered as a public trust under the provisions of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the “P.T. Act”) thereby accepting the report submitted by the four ex-officio trustees out of 11 trustees, recommending re-appointment of four trustees and replacing the present petitioners and one more viz. Bhavanidas Renukadas Bhopi by some other individuals who are the respondent Nos. 14 to 16 in writ petition no. 13850 of 2019 and respondent nos. 9 to 11 in writ petition no. 14312 of 2019.

3. Though there is a checkered history and long standing litigation, it would suffice for the present to refer to few of the facts as are necessary for decision on these writ petitions. A scheme for the trust was finalized by the Joint Charity Commissioner by his order dated 14-07-2014 and appointed first board of trustees comprising of 11 members for the first term of 5 years which came to an end on 14-07-2019. The first board of trustees was as under:

Clause 13 of the scheme approved by the learned Joint Charity Commissioner provides that except the ex-officio trustees the tenure of the rest of the members of the first board of trustees would be 5 years. After the tenure of the members from serial no. 5 to 11 coming to an end, the ex-officio members of the board from serial no. 1 to 4 would submit a report to the Joint Charity Commissioner regarding appointment of new members and based on that the Joint Charity Commissioner would appoint the members or permit continuation of the old members.

4. Pursuant to clause 13 of the scheme, the first four ex-officio trustees submitted a report to the Joint Charity Commissioner, Aurangabad dated 30-08-2019 which was registered as Miscellaneous Application no. 1003 of 2019. The ex-officio members in their report gave reasons for continuation of some of the members from the first board of trustees and also reasons for deleting the present two petitioners and few other individuals as well as replacing them by new members names of who were also suggested.

5. Based on such report, by the impugned order, the learned Joint Charity Commissioner accepted it and granted approval to whatever was suggested by the ex-officio members while constituting the new board of trustees.

6. We have extensively heard the learned Senior Advocate Mr. Dhorde, learned Senior Advocate Mr. Dixit, Mr. Gandhi and the learned AGP Mr. Yawalkar and perused the papers.

7. At the outset, it is necessary to note that admittedly, though the learned Joint Charity Commissioner has finalized a scheme for the trust under section 50A, the scheme is still at an amorphous stage inasmuch as, it is under challenge which is presently pending before this Court. Admittedly, operation of the scheme has not been stayed. We are not sure when that