Judicial officers must act independently; mere errors in judgment do not constitute grounds for disciplinary action unless misconduct is evident.

ORDER :

Arun R. Pedneker, J.

1. By the present writ petition, the petitioners challenge the order dated 20.2.2024 passed by the Deputy Charity Commissioner, Latur Region, Latur (hereinafter referred to as 'Dy.C.C.' for short) below Exh. 24 in Misc. Application No. 1138/2023 filed by the respondent Nos. 1 to 13, seeking directions to conduct the elections of the Managing Committee of the trust - Rural Education Society Murud, Dist. Latur.

2. Brief facts, leading to filing of the writ petition are noted below :-

Rural Education Society Murud, Taluka and District Latur is an educational trust, having its registration PTR No. F-7 (Latur) under Bombay Public Trusts Act as well as Societies Registration Act. Change Report (hereinafter referred to as 'C.R.' for short) No. 603/2016 was accepted for the period from 2016 to 2021 on 31.1.2017. During same period some vacancies arose for members, which were filled in by filing C.Rs. from time to time. Change Report Nos. 118/2021 and 200/2021 were filed before the Dy.C.C. for election to the term of 2021 to 2026. Both the C.Rs. were rejected by Dy.C.C. Latur vide orders dated 5.12.2023.

3. Appeal against the order of Dy.C.C. dated 5.12.2023 rejecting the above C.Rs. was filed and is pending before Joint Charity Commissioner (hereinafter referred to as 'Jt.C.C.' for short). Meanwhile Misc. Application No. 1038/2023 was filed by the 13 respondents/members before the Dy.C.C. praying therein to hold election to the trust in accordance with the earlier orders passed in the C.Rs. Notices were issued in Misc. Application No. 1038/2023 on 29.12.2023. Application was filed by the present petitioners under section 73-AA of the Maharashtra Public Trust Act for intervention in Misc. Application No. 1138/2023. Intervention application was allowed by Dy.C.C. vide order dated 12.2.2024 and liberty was granted to the petitioners to file their say/objections to the Misc. Application No. 1138/2023.

4. It is the case of the petitioners that the impugned order was passed on 20.2.2024 by the Dy.C.C. directing that elections of the trust be held amongst the 16 members and as such, the impugned order is challenged in the present writ petition.

5. While this Court was hearing this writ petition, very serious allegations are levelled against Dy.C.C. (respondent No. 14 - Smt. Heera Kashinath Shelke) by the petitioners as to judicial impropriety which is noted in para 1 and 2 of the order dated 8.3.2024 passed by this Court. The same is reproduced as below :-

"1. Since there are personal allegations against the officer, who has passed the impugned order, leave to add that officer as party-respondent.

2. The learned counsel for the petitioners submits that on 20.2.2024 the matter was listed at Sr. No. 60 for say of the petitioner. He has produced cause list of 20.2.2024 on record. 20.2.2024 was the last day of the officer, who passed the impugned order. The learned counsel for the petitioners submits that she had applied on 16.2.2024 to the State for reliving her from the duty as she is to join on promoted post at Nanded. On 20.2.2024 is her last day on duty and in second session she has been relieved from the job as Dy.C.C. so as to join her new posting as Dy.C.C. Nanded. The learned counsel also submits that there are various complaints filed against her."

6. In view of the fact that the personal allegations were made against the respondent No. 14/authority, she was permitted to made party respondent in the writ petition and notice was issued to her. She has filed two affidavits dated 10.4.2024 and 2.8.2024. At the outset, I would examine the allegations made against the authority, who has passed the impugned order. In para Nos. 6 to 9 of writ petition, it is stated as under :-

"6. .....Naturally, after adding of present petitioners as party respondents in the proceedings, it was necessary on the part of respondents to add them as party respondents in Misc. Application No. 1138/2023 as per the procedure and amended memo oug