Delay in appeals under the Maharashtra Public Trusts Act can be condoned if sufficient cause is established, harmonizing provisions of the Act with the Limitation Act.

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The present writ petition takes exception to order dated 23.09.2024 passed by Joint Charity Commissioner, Nanded Region in Miscellaneous Application No.25 of 2024, thereby condoning delay in preferring appeal against the judgment and order dated 09.12.2019 passed by Assistant Charity Commissioner, Hingoli in Inquiry No.311 of 2015.

3. The petitioner herein filed proceeding vide Inquiry No.311 of 2015 before Assistant Charity Commissioner, Hingoli, under Section 50-A of the Maharashtra Public Trusts Act, 1950 to frame a new scheme in respect of trust, namely Panchshil Shikshan Prasarak Mandal, Hingoli, bearing PTR No. F-28(P). It is submitted that the trust was registered in the year 1962 under the provisions of Maharashtra Public Trusts Act, 1950 and Societies Registration Act, 1860. The founder trustees, including the President and Vice President, are died. Therefore, three trustees, who were alive, in a meeting dated 24.05.2015, decided to frame a new scheme of trust for smooth and better administration in the interest of students taking education in school run by the trust.

4. The learned Assistant Charity Commissioner, vide order dated 09.12.2019, partly allowed the application and framed a scheme. While doing so, he directed removal of names of two persons from trusteeship as they were removed under Section 4 1-D of Maharashtra Public Trusts Act. So also, directed that a heir offounder trustee removed under Section 4 1-D to be a member of society under Societies Registration Act, 1860 and two of them will be office bearers/members of executive body of the trust. The trust shall be governed under scheme at Annexure-A.

5. Respondent No.2 filed appeal under Section 70 of Maharashtra Public Trusts Act, 1950, assailing order dated 09.12.2019 passed by the Assistant Charity Commissioner under Section 5 0-A(1) of the Maharashtra Public Trusts Act. Act. Since the appeal was delayed, an application was moved to condone the delay of almost five years. The learned Joint Charity Commissioner Nanded, after hearing parties, allowed Miscellaneous Application No.25 of 2024 and condoned the delay subject to cost of Rs. 5,000/-(Rupees Five thousand).

6. Mr. S.S. Dargad, learned Advocate appearing for petitioner vehemently submits that Section 70 (2) of the Maharashtra Public Trusts Act specifically states that no appeal against order passed under Section 50-A shall be maintainable after expiration of sixty days from passing of the order. Therefore, Joint Charity Commissioner has no jurisdiction to entertain time barred appeal or application to condone delay. As such, Joint Charity Commissioner exceeded its jurisdiction. He further submits that inordinate delay of five years in filing appeal is condoned in absence of sufficient cause. According to him, merits of the matter are not germane while considering delay application. It was for the Court to find out if sufficient cause is made out and could not have condoned delay on equitable grounds. In support of his contention, he relies upon judgment of Supreme Court in case of H. Guruswamy & Others Vs. A.Krishnaiah Since (D) by Lrs reported in 2025 SCC OnLine 54.

7. Per contra, Mr. A.D. Khot, learned Advocate appearing for respondent No.2, supports impugned order by inviting attention of this Court to Section 75 of the Maharashtra Public Trusts Act. He submits that provisions of Sections 4 , 5, 12 and 14 of the Indian LIMITATION ACT are made applicable to appeals under Chapter XI of Maharashtra Public Trusts Act. Sub-section (2) of Section 70 will have to be read harmoniously with