IMPORTANT POINT
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.

JUDGMENT :

(Sandeep V. Marne, J.)

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

THE CHALLENGE

2) Petitioners have filed this Petition challenging the order dated 10 January 2025 passed by the Election Officer nominated by the Deputy Charity Commissioner rejecting the objections raised by them to Preliminary Voters List published on 8 January 2025. Rejection of Petitioners’ objections to the preliminary voters list has resulted in non-inclusion of their names in the Final Voters List published on 13 January 2025, which is also subject matter of challenge in the present Petition. Petitioners are thus, aggrieved by denial of opportunity to participate in the election process for election of Governing Council of Khedut Shikshan Mandal, Kalkundri, Taluka-Chandgad, District-Kolhapur.

FACTUAL MATRIX

3) Brief facts leading to filing of the present Petition are that Khedut Shikshan Mandal, Kalkundri (Trust) is a registered Public Charitable Trust established on 25 February 1956, which was initially registered as Society under the provisions of the Societies Registration Act, 1860. It got registered as a Trust under the provisions of Bombay Public Trusts Act, 1950 on 13 September 1963. The Trust apparently runs 7 High Schools, 3 Colleges and 1 Senior College in Chandgad, District-Kolhapur. The Trust is governed by Memorandum of Association, under which various kinds of members can be admitted to the Trust such as benefactors, barons, donors, fellows, ordinary members, life members and honorary members. All the members together formed General Body of the Trust and the supervision, control and management of the Trust is vested in the Governing Council. The Governing Council is to be elected every three years. The Governing Council upto the year 1999 was duly elected with corresponding changes being accepted by the Assistant/Deputy Charity Commissioner in Schedule-I. However, the election to the Governing Council after the year 1999 ran into rough whether as the Change Reports reporting election of Governing Council during 1999-2000 to 2015-16 are not accepted by the Dy. Charity Commissioner, not because of any disputes within the members or persons interested but essentially because of non-following of the mandatory procedures required for holding elections. It appears that the Change Report in respect of the elections of the Governing Council for the year 1999-2000 to 2001-2002 was filed on 17 October 2002. During pendency of the said Change Report, further Change Reports were filed for the years 2002-03 to 2004-2005, 2005-06 to 2007-08, 2008-09 to 2010-11 and 2010- 2011 to 2013- 2014. It appears that few additional Change Reports were also filed for reporting changes in the Governing Council due to death, resignation, etc. All the Change Reports were taken up for hearing by the Deputy Charity Commissioner and by various orders passed on 11 January 2017, the Deputy Charity Commissioner proceeded to reject all the Change Reports. The Change Reports relating to elections to the Governing Council in the year 1999-2000 to 2016-2017 were rejected inter alia holding that the occurred changes were not in accordance with law as the elections were found to have been conducted without following due procedure.

4) After rejection of the Change Reports in the manner aforesaid, one of the members Ravalnath Madkholkar filed an application under the provisions of Section 41A of the Maharashtra Public Trust Act (the Act) before the Deputy Charity Commissioner for appointment of ad-hoc committee of 7 persons for conducting day-to-day affairs of the Trust. During pendency of the said application, the said member withdrew the prayer for appointment of ad-hoc committee and instead prayed for holding elections of the Trust. It appears that the said prayer was resisted by the rival group on account of existence of disputes about enrollment of members. The Dep