IMPORTANT POINT
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 not exempt them from accountability.

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 trusteeship of Respondent No.26- Trust. By filing Application at Exhibit-106, Petitioner contended that the application for removal of trustees under Section 41D of the MPT Act cannot be entertained during pendency of Change Reports under the provisions of Section 22 of the MPT Act. The Charity Commissioner has rejected Petitioner’s Application at Exhibit-106 refusing to frame the issue relating to its jurisdiction or maintainability.

4. Brief facts leading to filing of the Petition are that College of Physicians and Surgeons of Mumbai is a Society brought into existence in the year 1912 and registered under the provisions of Societies Registration Act, 1860 in the year 1913. After enactment of the MPT Act, the College of Physicians and Surgeons of Mumbai came to be registered as Public Trust at P.T.R. No.F-1337(Mumbai). The Trust has been established with the objective of encouragement of study of medicine and surgery in all branches according to the methods of western teaching. Trust awards various degrees, diplomas and certificates/licenses to the persons desirous of practicing medicine and surgery according to western methods. The Trust is also an examining body authorising Medical Degree (post MBBS) and is entitled to issue degrees, diplomas, licenses and certificates under the Indian Medical Act, 1956 and Maharashtra Medical Act, 1965. For management and administration of the Trust, constitution and bye- laws have been formulated.

5. It appears that disputes arose about management and control of the Trust in the year 2013-2014. Several Change Reports are filed from time to time under the provisions of Section 22 of the MPT Act seeking to report inter alia election of new trustees, changes relating to immovable properties etc. It appears that as of now, there are as many as 13 Change Reports pending before the Deputy Charity Commission viz., DYCC/3090/18, DYCC/5695/18, DYCC/5697/18, DYCC/5696/18, DYCC/5335/19, DYCC/5336/19, DYCC/1251/2020, DYCC/1357/2020, DYCC/1400/2020, DYCC/1468/2021, YCC/47/2022, DYCC/365/2023, DYCC/1535/2023. All the above Change Reports are pending and it appears that the changes relating to entries in Schedule-I about names of trustees are yet to be accepted by the Deputy Charity Commissioner.

6. Considering the limited issue raised in the present Petition, it is not necessary to go into the allegations and counter allegations made by the two rival groups relating to management and control of affairs by the Trust. Suffice it to notice that several Change Reports reporting election and appointment of trustees filed under Sect ion 22 of the MPT Act are pending before the Charity Commissioner. It is the case of Petitioner and Respondent Nos. 3 to 25 that presently there are 28 Members of Council of Trust and the Change Report fo