JUDGMENT :

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition Digitally is taken up for final disposal.

2. The issue that arises for consideration in the present Petition is whether it is permissible for the Charity Commissioner to try and entertain application for removal of trustees under the provisions of Section 41D of the Maharashtra Public Trust Act, 1950 (MPT) when appointment of the said trustees is yet to be accepted in an enquiry under Section 22. In other words, whether application for removal of trustees under Section 41D of the MPT Act can be decided during pendency of Change Reports relating to their very appointments.

3. The issue arises in the light of challenge raised by the Petitioner to the Order dated 4 June 2024 passed by the learned Charity Commissioner, Maharashtra State, Mumbai, rejecting the Petitioner’s Application at Exhibit-106 seeking framing of issues of maintainability and jurisdiction in Application No. 11 of 2023 filed by Respondent Nos. 1 and 2 under the provisions of Section 41D of the MPT Act for suspension/removal/dismissal of Petitioner and of Respondent Nos.3 to 25 from the