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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARUN R.PEDNEKER
Shree Datta Deosthan Trust, Through its authorized Trustee Secretary, Shri Sanjay Kshirsagar – Appellant
Versus
Murlidhar Eknath Rishipathak – Respondent
JUDGMENT :
ARUN R. PEDNEKER, J.
1. Rule. Rule made returnable forthwith. With consent of parties heard finally.
2. All these petitions are taken up together as they are inter connected and relates to sequential change reports filed of the Petitioner / Trust under Section 22 of the Maharashtra Public Trusts Act.
Writ Petition No.9544 of 2025 relates to Change Report No.557/2003, whereby removal of the trustee Milind Govind Kshirsagar was reported by trustee Vitthal Laxman Atre. At the relevant time the other trustees were Madhukar Narhar Phadke (Secretary), Suhas Gangadhar Bhagwat, Sharad Ramchandra Pendse, Vilas Vinayak Dange, Vitthal Laxman Atre, Sudhir Malhar Kulkarni and Shrikant Nagesh Dharmadhikari.
Writ Petition No.9565 of 2025 relates to Change Report No.750 of 2003, whereby the reporting trustee Vitthal Laxman Atre reported a new appointment of Sudhir Vinayak Kshirsagar in the vacant place of Milind Govind Kshirsagar.
Writ Petition No.9543 of 2025 relates to Change Report No.722/2005, whereby the reporting trustee Shri Vitthal Laxman Atre reported names of the retiring trustees as Madhukar Narhar Phadke, Sudhir Malhar Kulkarni, Vilas Vinayak Dange and the re-appointed trustees
Trustees cannot unilaterally remove a permanent trustee without proper authority and adherence to legal procedures outlined in the Maharashtra Public Trusts Act.
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....
The main legal point established in the judgment is the requirement of a high degree of proof for drastic actions such as removal of trustees under Section 41-D of the Maharashtra Public Trust Act.
The main legal point established in the judgment is the necessity of the settlement of the scheme for the better administration of the trust under Section 50a(1) of the Trusts act, 1950, and the affi....
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 sta....
The main legal point established in the judgment is the obligation of the authority to provisionally accept the change report and decide the inquiry within a stipulated period, as per the provisions ....
Filing of Change Report – It is not mandatory that a written application be filed seeking condonation of delay and relief can be granted in that regard even upon an oral request, provided sufficient ....
The main legal point established in the judgment is that the directions issued by the Joint Charity Commissioner to enroll new members were without jurisdiction and in violation of Article 19(1)(c) o....
It is further observed that Administration of Trust would mean administration by a body which under the Trust-Deed is required to be administered the same. It is further observed that in absence of p....
Trustees must comply with legal requirements for property management; failure to do so constitutes serious misconduct warranting removal.
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