Back
IN THE HIGH COURT OF BOMBAY
N. J. Jamadar, J.
Narendra Namdev Mulik & Ors. - Appellants
Versus
Ananda Demji Chougale & Ors. - Respondents
Writ Petition No.2438 of 2022
Decided On : 10-06-2024
Maharashtra Public Trusts Act - Public Trusts and Membership Validity - Section 22, Section 70 - The court examined the legality of changes reported under the Maharashtra Public Trusts Act, 1950, emphasizing that changes must be lawful and in accordance with the trust's constitution. The court interpreted Section 22 as allowing inquiry into both the fact and legality of changes, leading to the conclusion that the petitioners' claims of valid membership and election were unsupported by evidence, thus influencing the decision to uphold the Joint Charity Commissioner's ruling.
Fact of the Case:
The petitioners, claiming to be elected members of a public charitable trust, challenged the Joint Charity Commissioner's order that set aside the Assistant Charity Commissioner's acceptance of their election, citing issues of membership validity and procedural irregularities in the election process.
Finding of the Court:
The court found that the Joint Charity Commissioner correctly identified the lack of evidence supporting the petitioners' claims of valid membership and the legality of the meeting where they were elected. The court emphasized the importance of adhering to the trust's constitution and the necessity of valid notice for meetings.
Issues: Whether the petitioners were validly inducted as members of the trust and whether the meeting held on 14th July 2009 was legally convened.
Ratio Decidendi: The court held that the legality of membership and the validity of the meeting were crucial to determining the legitimacy of the election. The absence of proper documentation and adherence to procedural requirements undermined the petitioners' claims.
Final Decision: The petition was dismissed, upholding the Joint Charity Commissioner's order and confirming the invalidity of the petitioners' election as members of the managing committee.
JUDGMENT
N. J. Jamadar, J. - Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.
2. This petition under Article 226 and 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 16th November, 2017 passed by the learned Joint Charity Commissioner, Kolhapur Region, Kolhapur in Appeal No.39 of 2016 under section 70 of the Maharashtra Public Trusts Act, 1950 (Trust Act, 1950) whereby the appeal preferred by the respondent Nos. 1 to 8 came to be allowed by setting aside the order passed by the Assistant Charity Commissioner-1, Kolhapur dated 7th May, 2016 in Change Report No. 1925 of 2009 accepting the change dated 14th July, 2009 as legal and valid.
3. The background facts leading to the petition, though the dispute has a checkered history, can be summarized as under:-
4. On 14th July, 2009, the petitioners claim, the 15th AGBM of the trust was convened. The subject of electing a new managing committee of the trust was on the agenda of the meeting. In the said meeting, the petitioner Nos. 1 to 11 came to be elected as the office bearers and managing trustees for a term of three years.
5. Ananda Chougale (respondent No. 1 herein) the Secretary of the erstwhile managing committee filed Change Report No. 1925 of 2009 dated 9th November, 2009 reporting the change. The reporting trustee had also filed affidavits of the outgoing trustees giving consent as well as no objection for accepting the said change. On 28th June, 2011 outgoing trustee, the chairman has also filed the affidavit of evidence in respect of Change Report No. 1925 of 2009. By an order dated 27th July, 2011 the learned Dy. Charity Commissioner, Kolhapur was persuaded to allow the Change Report No. 1925 of 2009 and the names of the petitioner Nos. 1 to 11 were recorded in the Public Trust Register.
6. The respondent Nos. 1 and 3 to 5 filed an application for setting aside the order dated 27th July, 2011 claiming that the said order was passed ex parte. An application for condonation of delay being Inquiry Application No. 11 of 2011 was also filed by respondent Nos. 1 and 3 to 5. By an order dated 3rd August, 2012 learned Dy. Charity Commissioner was persuaded to reject the application for condonation of delay.
7. Respondent No. 7 carried the matter in appeal in Appeal No. 49 of 2012 before the learned Joint Charity Commissioner along with an application for condonation of delay in preferring the appeal. By an order dated 17th May, 2013, the learned Joint Charity Commissioner was pleased to allow the appeal and remand the matter back to the learned Dy. Charity Commissioner for a fresh decision.
8. The petitioners preferred an application being Misc. Application No. 189 of 2013 before the District Court, Kolhapur assailing the aforesaid order passed by the learned Joint Charity Commissioner. By an order dated 8th August, 2014, the learned Additional District Judge, Kolhapur was persuaded to dismiss the application preferred by the petitioners under section 72 of the trust Act, 1950.
9. The petitioners carried the matter in appeal before this Court in First Appeal N
The court established that the Charity Commissioner has the authority to examine the legality of membership and the validity of meetings under the Maharashtra Public Trusts Act, 1950, and that change....
The main legal point established in the judgment is that the directions issued by the Joint Charity Commissioner to enroll new members were without jurisdiction and in violation of Article 19(1)(c) o....
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999, contrary to a prior ruling, emphasizing that membership validity must be determined in appropriate proceedi....
The main legal point established in the judgment is that a judgment or decree obtained by playing fraud on the court is a nullity and non est in the eyes of the law. The court emphasized that an orde....
Section 2(13) of the Trusts Act when the petitioner Society is registered under the Societies Registration Act and the same is registered for charitable purposes, it is deemed to be a charitable Trus....
The High Court maintains jurisdiction over public trust matters, and EGM resolutions are valid without Charity Commissioner's prior approval; membership rights must comply with the club's original co....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
