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.

JUDGMENT :

1. By consent of both sides, heard finally at admission stage.

2. These Petitions take exception to the order passed by the Joint Charity Commissioner in Revision Application Nos. 28/2020 and 29/2020 dated 18.07.2024 setting aside the order passed by the Deputy Charity Commissioner dated 03.10.2020 passed in Change Report Nos. 887/2010, 888/2010, 889/2010, 128/2015, 203/2016 and 69/2020.

3. It is the case of the Petitioners that they are the founder trustees of Punyashlok Ahilyadevi Seva Sangh, Ahmednagar, a trust registered under the Maharashtra Public Trust Act (for short ‘the Act’). Petitioners claim that the constitution of the trust reflects that the procedure for membership of the trust is that the person has paid Rs.2,000/- as membership and it is approved by 2/3 majority. It is contended by the Petitioners that only on compliance of these two conditions, a person can be treated as a valid member of the trust and would be eligible to become a managing trustee. It is further case of the Petitioners that the contesting Respondents along with other members claim themselves to be the members of the trust and handling affairs of the trust for last 30 years. These persons filed change reports asserting their rights as Managing Trustees. The Deputy Charity Commissioner, after conducting enquiry under Section 22 of the Act, rejected the change reports with observation that the persons elected as managing trustees were not life members of the trust to become managing trustees thereof and those who become members are enrolled after general body meeting. This order passed by the Deputy Charity Commissioner came to be assailed before the Joint Charity Commissioner in Revision under Section 70(A) of the Act. The Joint Charity Commissioner allowed the revisions and remitted the matter for afresh enquiry.

4. Learned counsel for the Petitioners at the outset raised objection with regard to the maintainability of the revision on the ground that the provisions of Section 70A is not an alternate remedy but is an independent remedy which cannot be permitted to be exercised after expiry of period of limitation to file appeal against the order impugned under Section 70 of the Act, just to overcome lapsed period of limitation for filing an appeal. It is her submission that the powers as an appellate authority under Section 70 of the Act and revision authority under Section 70A of the act are different. However, the Joint Charity Commissioner here in this case has re- appreciated the evidence on record and recorded contrary findings to the one recorded by the Deputy Charity Commissioner which is wholly impermissible in law. She further argued that Revisional Authority ought to have recorded findings on issue of filing of revision within reasonable time and only thereafter would have proceeded to decide it. To support her submission, she placed reliance on judgment of coordinate bench of this Court in Writ Petition No. 9456/2023 (Mr. Biswajeet Dibyalochan Mohanty vs. Niranjan Duryodhan Mohanty and others).

5. This submission is opposed by learned counsel for the contesting Respondents by referring to the relevant provisions. According to him, there is no embargo created under the provisions of the Act for filing revision even after expiry of period of limitation for filing appeal.

6. At the outset, this Court wishes to deal with the said issue. Section 70 of the Act provides for an appeal against order of Deputy or Assistant Charity Commissioner passed in a proceeding under Section 22 of the Act. Undisputedly, the proceedings before the Deputy Charity Commissioner were of change report under Section 22 of the Act. Thus, the orders passed by the Deputy Charity Commissioner is appealable before the Charity Commissioner. Sub-section 3 empowers the Charity Commissioner for the reasons to be recorded in writing to reverse, modify or confirm the findings or order appealed against the order to direct the Deputy or Assistant Charity Commissioner t