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2023 Supreme(Online)(Bom) 1154
HIGH COURT OF BOMBAY
ANIL S. KILOR, J
Smt. Lalita Panjabrao Phalke – Appellant
Versus
Shri Jeevan Tulshiram Phalke – Respondent
SECOND APPEAL NO. 191 OF 2011 | SECOND APPEAL NO. 192 OF 2011
For the Appellants/Petitioners: Shri Sunil V. Manohar, Shri A.A.Naik, Shri Y.N.Sambre
For the Respondents: Shri B.H.Shambharkar, Shri S.D.Chande
The Joint Charity Commissioner exceeded jurisdiction by mandating the enrollment of new trust members, infringing on the established rights of existing members under Article 19(1)(c) of the Constitution.
Headnote:(A) Maharashtra Public Trusts Act, 1950 - Section 41D - Jurisdiction of Charity Commissioner - Directions issued for enrollment of new general body members by the Joint Charity Commissioner were held without jurisdiction, infringing rights under Article 19(1)(c) of the Constitution - Courts below failed to properly consider the scope of jurisdiction under the Act. (Paras 48-49)
(B) Right to form an Association - The right to form an association includes the right to determine membership and affiliations, preventing external interference without voluntary admission. (Paras 25-30)
Facts of the case:
The appeals stem from disputes over the management of a trust where the Joint Charity Commissioner directed enrollment of new members without jurisdiction, which was contested by existing members.
Findings of Court:
The direction for enrollment was declared null, confirming the legitimacy of previous change reports.
Issues: Whether the joint Charity Commissioner exceeded jurisdiction under Section 41D and the implications for the right to form associations.
Ratio Decidendi: The Court determined that the Joint Charity Commissioner could not direct enrollment or alterations in the trust's membership without breaching established rights under the Constitution, adhering to statutory provisions.
Result: Appeals allowed; prior decisions regarding forced membership enrollment were quashed.
| Table of Content |
|---|
| 1. proceedings under the maharashtra public trusts act (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments regarding jurisdiction and membership rights (Para 16 , 17 , 19) |
| 3. right to membership and formation of associations (Para 24 , 25 , 26 , 27 , 28) |
| 4. limitations of jurisdiction under section 41d (Para 38 , 39 , 41 , 46) |
| 5. conclusion of the appeals and quashing orders (Para 56) |
1. Leave to amend the prayer clause of Second Appeal No.191 of 2011 is granted. The amendment be carried out forthwith.
2. Heard.
3. The present appeals arise out of the decision allowing the Change Report No.1176 of 2003 and rejecting the Change Report No.788 of 2000 of a Trust viz. Chandrakant Shikshan Sanstha, Telkamptee, District : Nagpur, which was established in the year 1968.
4. Under Section 41D of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the “Act of 1950”) a proceeding came to be initiated for suspension, removal and dismissal of President and Secretary of the above referred trust.
5. In the said proceedings namely Application No.6 of 1995 the Joint Charity Commissioner passed a judgment and order on 30/08/2003 holding that the charges against the trustees namely Punjabrao Phalke and Madhukarrao Phalke, Secretary and President, respectively, have not been proved and therefore, the application under Section 41D of the Act of 1950 was dismissed. However, it was directed to enroll new general body members by calling applications by making paper publication.
6. The above referred directions to enroll members, came to be challenged in Writ Petition No.946 of 2004 and in the meantime the paper publication was made, in response to which 44 applications were received and accordingly membership of 41 members was confirmed.
7. Thereafter, elections were held, in which new managing body was elected. Accordingly, the Change Report No.1176 of 2003 was filed.
8. The another Change Report No.788 of 2003 was filed as Shri M.M.Phalke, Shri M.A. Suke and Sau. S.M.Phalke tendered their resignations which were accepted and as Shri Gawali had expired, the vacancies occurred because of the same, were filled in by passing a resolution in general body meeting dated 24/02/2002.
9. The Change Report No.1176 of 2003 was rejected by the Assistant Charity Commissioner, Nagpur vide judgment and order dated 28/04/2008. The same was carried in the appeal under Section 70 of the Act of 1950 by the respondent. The said appeal No.17 of 2008 came to be decided by the Joint Charity Commissioner, Nagpur vide judgment and order dated 30/11/2010, reversing the judgment and order of the Assistant Charity Commissioner, Nagpur dated 28/04/2008 and thereby accepting the Change Report No.1176 of 2003. The appellant then approached to the learned District Judge, Nagpur by filing Regular Civil Application No. 34 of 2010 under Section 72(1) of the Act of 1950. The learned District Judge, vide impugned judgment and order dated 28/04/2011, dismissed the said application confirming the judgment and order of the Joint Charity Commissioner, Nagpur dated 30/11/2010. Second Appeal No. 192 of 2011 is arising out of the said judgment and order dated 28/04/2011 passed by the District Judge-14, Nagpur in Regular Civil Application No.34 of 2010.
10. Similarly, Change Report No.788 of 2000 was accepted by the Assistant Charity Commissioner, Nagpur vide judgment and order dated 28/04/2008. The same was carried in appeal under Section 70 of the Act of 1950 by the respondent. The said Appeal No.13 of 2008 came to be decided by the Joint Charity Commissioner, Nagpur vide judgment and order dated 30/11/2010, reversing the judgment and order of the Assistant Charity Commissioner, Nagpur dated 28/04/2008 and thereby rejecting the Change Report No.788 of 2000. The appellants then approached the learned District Judge, Nagpur by filing Regular Civil Application No. 32 of 2010 under Section 72(1) of the Act of 1950. The learned District Judge, vide impugned judgment and
