The court reaffirmed the necessity of proper notice, inquiry, and quorum in Trust administration, establishing that interested parties may challenge Trust governance despite assertions of lack of standing.

Milind N. Jadhav, J.

1. Heard Mr. Thipsay, learned Advocate for Petitioners in both Writ Petitions; Mr. Kamat, learned Advocate for Respondent No.1; Mr. Patil, learned AGP for Respondent No.2 in Writ Petition No.15699 of 2022; Mr. Kankal, learned AGP Respondent No.2 in Writ Petition No.14797 of 2023 and Mr. Cama, learned Advocate appears for wife of Narayan Tejpal Podar - Intervenor.

2. Writ Petition No.15699 of 2022 is filed for challenging the impugned judgement and order dated 02.02.2022 allowing Revision Application No.112 of 2020 and setting aside of order dated 28.08.2018 passed in Change Report No.3993 of 2018 for change of address of the Trust from 405, Kalbadevi Road, Mumbai – 400002 to C/o Narendra Ramprakash Podar, 573, 1^st floor, J.S.S. Road Chira Bazar, Mumbai – 400002.

3. Second Writ Petition No.14797 of 2023 is filed for challenging the impugned judgement 02.02.2022 allowing Revision Application No. 111 of 2020 and setting aside of order dated 28.08.2018 passed in Change Report No.3992 of 2018 accepting the appointment of Petitioner No.2 as Trustee of the said Trust. As facts and parties in both the Writ Petitions are the same, they are disposed of by this common judgement and order.

4. The relevant facts necessary for determining both the Writ Petitions are as under:-

4.1. Juggilal Hanumanbux Podar Charitable Trust (for short ‘Trust”) is a Public Charitable Trust which came into existence vide Trust Deed dated 17.06.1975. It is Petitioners’ case that Petitioner No.1 alongwith his father Mr. Ramprakash Juggilal Podar, Tejpal Juggilal Podar (settlor of the Trust) and Mr. Narayan Tejpal Podar were the original Trustees of the Trust. Today all 5 Petitioners of Petitioner No.1 family are the present Trustees of the Trust. That is under challenge. The Assistant Charity Commissioner rejected the challenge. The Joint Charity Commissioner has set aside the orders of Assistant Charity Commissioner and upheld the challenge. Hence the present Petitions. These Petitions are expedited for hearing by the Supreme Court. Hence by consent they are heard finally.

4.2. It is Petitioners’ case that according to Clause 13 of the Trust Deed there shall be no less than 2 Trustees and not more than 5 Trustees to administer the Trust which would form the quorum as well for appointment of new Trustees. However when vacancy arises, same is required to be filled in by surviving and/or continuing Trustees as per details set out in Clause 23 of the Trust Deed.

4.3. It is Petitioners’ case that Mr. Tejpal Podar expired on 26.01.2014 leaving behind him 3 Trustees i.e. Petitioner No.1, Mr. Ramprakash Juggilal Podar (father of Petitioner No. 1) and Mr. Narayan Tejpal Podar. However Mr. Narayan Tejpal Podar i.e. father of Respondent No.1 went in coma in the year 2016 and therefore became incapable of discharging his duties as Trustee. Hence, Change Report No.3992 of 2018 was filed for deleting Mr. Narayan Tejpal Podar’s name as Trustee after passing of Resolution in Board of Trustees’ Meeting held on 15.03.2018. It is Petitioners’ case that in the said Meeting it was decided to change the address of the Trust from 405, Kalbadevi Road, Mumbai – 400002 to C/o Narendra Ramprakash Podar, 573, 1^st floor, J.S.S. Road, Chira Bazar, Mumbai – 400002, therefore Change Report No.3993 of 2018 was filed for recording the change of address of the Trust. It is Petitioners’ case that this meeting was attended by Petitioner No. 1 and his father Ramprakash J. Podar forming the quorum of 2 Trustees and aforesaid two decisions were taken. Accordingly Trust filed two change reports.

4.4. Twin orders dated 28.08.2018 were passed by Assistant Charity Commissioner whereby Change Report No.3992 of 2018 for deletion of name of Mr. Narayan Tejpal Podar and appointment of Petitioner No.2 as Trustee and Change Report No.3993 of 2018 for change of address of Trust were allowed.

4.5. In the interregnum, Respondent No.1 filed Application No.691 of 2018 under Section 41D of th