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R. M. JOSHI
Bapurao Shankar Rathod – Appellant
Versus
Joint Charity Commissioner Latur Region, Latur – Respondent
JUDGMENT :
(R.M. Joshi, J.) :
1. Rule. Rule made returnable forthwith.
2. By consent of parties, heard finally at admission stage.
3. This Petition takes exception to the judgment and order dated 08.07.2024 passed by the Joint Charity Commissioner, Latur (for short ‘Jt.CC) in Revision No. 15/2024 whereby order passed in Change Report No. 335/2023, accepting change report provisionally under Section 22(2) of Maharashtra Public Trust Act (for short ‘the Act’) is set aside.
4. Petitioner claims himself to be the founder member and President of trust namely Gunai Shikshan Prasarak Mandal registered under the Act as well as Societies Registration Act. It is claimed that as the tenure of five years of the managing committee of the trust was coming to an end in the month of May, 2024, a general body meeting of the trust was held on 27.05.2022 wherein election of the managing committee was done for the period from 2022-2027. Petitioner claims to be elected as President and Respondent Nos. 4 to 11 being office bearers of the trust. Pursuant to the said election, the newly elected executive committee took over charge of the management of the trust and they started looking after its day to day af
Provisional acceptance of a change report under the Maharashtra Public Trust Act must consider objections and provide a hearing to affected parties, adhering to natural justice principles.
The main legal point established in the judgment is the obligation of the authority to provisionally accept the change report and decide the inquiry within a stipulated period, as per the provisions ....
The Charity Commissioner can entertain removal applications under Section 41D of the Maharashtra Public Trust Act even when Change Reports under Section 22 are pending, as the status of trustees does....
The remedy of revision under Section 70A of the Act is an equally efficacious remedy available to the petitioners
Revisions under the Maharashtra Public Trust Act can be filed after the appeal period if within a reasonable time; the revisional authority cannot re-evaluate evidence as an appellate body.
The court reaffirmed the necessity of proper notice, inquiry, and quorum in Trust administration, establishing that interested parties may challenge Trust governance despite assertions of lack of sta....
The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affi....
It is further observed that Administration of Trust would mean administration by a body which under the Trust-Deed is required to be administered the same. It is further observed that in absence of p....
The court affirmed that interested persons in public trust matters have the right to join proceedings, and the concept of abatement does not apply, ensuring that inquiries can continue effectively.
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