IMPORTANT POINT
The Joint Charity Commissioner has the authority under the Maharashtra Public Trust Act, 1950, to direct elections for trustees to resolve disputes and ensure the proper administration of a public trust, even in the absence of a written constitution.

JUDGMENT/ORDER

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally at the stage of admission.

2. This petition assails the legality, propriety and correctness of an order passed below application (Exhibit 40) in Inquiry Application NO. 2 of 2021 by learned Joint Charity Commissioner, Nashik thereby directing constitution of a body to conduct election to the trustees of Ahir Suvarnakar Samaj Sanstha, Nashik, respondent No. 2, a trust registered under the Maharashtra Public Trust Act, 1950 (the Act, 1950).

3. Background facts can be stated as under:-

<WXY>a] Ahir Suvarnakar Samaj Sanstha, Nashik is a public trust formed by the members of the Ahir Suvarnakar Community. The trust owns a number of movable and immovable assets. There have been proceedings in relation to the affairs of the trust.

b] The petitioners herein preferred an application being Inquiry Application No. 2 of 2021 seeking injunctive reliefs against respondent Nos. 3 to 17 and for a direction that till the proceedings pertaining to respondent No. 2 trust were adjudicated, the Inspector attached to the public trust registration office, Nashik be appointed as an administrator to administer the affairs of the respondent No. 2- trust. In the said application, the respondent preferred an application seeking direction to hold election to the office of the trustees of respondent No. 2 on the basis of an updated list of members of the trust prepared by the respondent Nos.3 to 17. They contended there were 1290 members of the trust and the list of 1535 members consisted of names of many members who had passed away and there were double entries of one and the same member.

c] By the impugned order the learned Joint Charity Commissioner was persuaded to constitute a committee of 5 members to hold an election to the office of the trustees. The committee was directed to hold the election in accordance with the members' list maintained in the trust. The election was to be supervised by the jurisdictional inspector attached to the public trust registration office. Incumbent members of the board of the trustees were directed to provide requisite information and documents as may be sought for by the said committee. The election was to be held within three months thereof.</WXY>

4. Being aggrieved, the petitioners have invoked the writ jurisdiction of this Court. The petitioners assert that in an application for injunctive reliefs there was no occasion for the learned Charity Commissioner to direct holding of election to the office of the trustees. In the absence of written constitution of the trust, no directions to hold the election could have been issued.

5. The learned counsel for the petitioners would urge that the petitioners principal grievance is the induction of Kailash Wagh in the committee constituted to hold the election. Since Mr. Kailash Wagh is an incumbent member of the board of trustees, he would influence the process of election. Therefore, the impugned order deserves to be interfered with.

6. In opposition to this, the learned counsel for the respondent Nos. 2 to 4 and 6 to 17 submitted that the impugned order was passed with the consent of the parties. It was submitted that the petitioners have not placed on the record of the Court the pursis which was filed on behalf of the petitioners and on the strength of which the impugned order came to be passed. Having given consent for holding the election and even suggested the names of the members to be included in the committee for holding the election, it is now not open for the petitioners to assail the order, urged the learned counsel for the respondents. In any event, the absence of an elected body to administer the affairs of the trust was the grievance of the petitioners also. Therefore, the Joint Charity Commissioner was well within his rights in ordering holding of the election to the office of the trustees.

7. I have perused the impugned order. In the contex