2024:BHC-AS:22804 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2438 OF 2022 Narendra Namdev Mulik and Others ...Petitioners vs.

Ananda Demji Chougale and Others ...Respondents Mr. Prashant Bhavake, for the Petitioners.

Mr. Shriniwas Patwardhan a/w. Ms. Mrinal Shelar, for the Respondents.

CORAM : N. J. JAMADAR, J.

RESERVED ON : FEBRUARY 9, 2024 PRONOUNCED ON : JUNE 10, 2024 JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

2. This petition under Article 226 and 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 16^th November, 2017 passed by the learned Joint Charity Commissioner, Kolhapur Region, Kolhapur in Appeal No.39 of 2016 under section 70 of the Maharashtra Public Trusts Act, 1950 (Trust Act, 1950) whereby the appeal preferred by the respondent Nos. 1 to 8 came to be allowed by setting aside the order passed by the Assistant Charity Commissioner-1, Kolhapur dated 7^th May, 2016 in Change Report No. 1925 of 2009 accepting the change dated 14^th July, 2009 as legal and valid.

3. The background facts leading to the petition, though the dispute has a checkered history, can be summarized as under:- Shree Shiv-Parvati Shikshan Prasarak Mandal, Vetwade, Tal.

Panhala, Dist. Kolhapur (petitioner No. 12) is a public charitable trust registered under the provisions of (the Societies Registration Act, 1860) and Trust Act, 1950. The petitioner Nos. 1 to 4 claim to be the President, Vice-President, Treasurer and Secretary respectively of the trust and petitioner Nos. 5 to 11 claim to be the members of its managing committee. In the 14^th Annual General Body Meeting (AGBM) of the trust held on 13^th July, 2008, the petitioner Nos. 1 to 11 were allegedly enrolled as members of the trust. In accordance with the clause 6(b)1 of the Constitution of the trust, the petitioner Nos. 1 to 11 became eligible to be elected as members of the managing committee of the trust after completion of one year’s membership of the trust.

4. On 14^th July, 2009, the petitioners claim, the 15^th AGBM of the trust was convened. The subject of electing a new managing committee of the trust was on the agenda of the meeting. In the said meeting, the petitioner Nos. 1 to 11 came to be elected as the office bearers and managing trustees for a term of three years.

5. Ananda Chougale (respondent No. 1 herein) the Secretary of the erstwhile managing committee filed Change Report No. 1925 of 2009 dated 9^th November, 2009 reporting the change. The reporting trustee had also filed affidavits of the outgoing trustees giving consent as well as no objection for accepting the said change. On 28^th June, 2011 outgoing trustee, the chairman has also affidavit of evidence in respect of Change Report No. 1925 of 2009. By an order dated 27^th July, 2011 the learned Dy. Charity Commissioner, Kolhapur was persuaded to allow the Change Report No. 1925 of 2009 and the names of the petitioner Nos. 1 to 11 were recorded in the Public Trust Register.

6. The respondent Nos. 1 and 3 to 5 filed an application for setting aside the order dated 27^th July, 2011 claiming that the said order was passed ex parte. An application for condonation of delay being Inquiry Application No. 11 of 2011 was also filed by respondent Nos. 1 and 3 to 5. By an order dated 3^rd August, 2012 learned Dy. Charity Commissioner was persuaded to reject the application for condonation of delay.

7. Respondent No. 7 carried the matter in appeal in Appeal No. 49 of 2012 before the learned Joint Charity Commissioner along with an application for condonation of delay in preferring the appeal. By an order dated 17^th May, 2013, the learned Joint Charity Commissioner was pleased to allow the appeal and remand the matter back to the learned Dy. Charity Commissioner for a fresh decision.

8. The petitioners preferred an application being Misc. Application No.