2025:BHC-AUG:1894 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10604 OF 2024

1. Ramkrushna @ Ramkisan s/o Damodhar Shinde Age 84 years, occ. Retired.

r/o Mandve, Tq. Pathardi Dist. Ahmednagar.

2. Dr. Gulab Rangnath Najan age 64 years, occ. Doctor r/o Najan Hospital, Newasa Phata Tq. Newasa, Dist. Ahmednagar. .. Petitioners versus

1. The Joint Charity Commissioner II Pune Region, Pune.

2. The Deputy Charity Commissioner Ahmednagar Region Ahmednagar.

3. Punyashlok Ahilyadevi Seva Sangh A public Trust registered under the Bombay Public Trust Act, 1950 at P.T.R. No. F-150-Ahmednagar and having its registered office at Ahmednagar Dist. Ahmednagar 414 001 Through its Members A) Mr. Bharat Namdev Vitnor age 55 years, occ. Service r/o Vittnor Vasti, Manjri, Tq. Rahuri Dist. Ahmednagar.

B) Mr. Sadashiv Abaji Argade age 60 years, occ. Farmer r/o at Post Dhor Jagaone Tq. Shevgaon Dist. Ahmednagar 414 501 .. Respondents Mrs. R. S. Kulkarni, Advocate holding for Mr. D. A. Bide, Advocate for the Petitioners.

Mr. B. S. Shinde, AGP for the State.

Mr. P. D. Bachate, Advocate for Respondent Nos. 2 and 3B.

WITH WRIT PETITION NO. 10660 OF 2024

1. Ramkrushna @ Ramkisan s/o Damodhar Shinde Age 84 years, occ. Retired.

r/o Mandve, Tq. Pathardi Dist. Ahmednagar.

2. Dr. Gulab Rangnath Najan age 64 years, occ. Doctor r/o Najan Hospital, Newasa Phata Tq. Newasa, Dist. Ahmednagar. .. Petitioners versus

1. The Joint Charity Commissioner II Pune Region, Pune.

2. The Deputy Charity Commissioner Ahmednagar Region Ahmednagar.

3. Punyashlok Ahilyadevi Seva Sangh A public Trust registered under the Bombay Public Trust Act, 1950 at P.T.R. No. F-150-Ahmednagar and having its registered office at Ahmednagar Dist. Ahmednagar 414 001 Through its Members A) Mr. Bharat Namdev Vitnor age 55 years, occ. Service r/o Vittnor Vasti, Manjri, Tq. Rahuri Dist. Ahmednagar.

B) Mr. Sadashiv Abaji Argade age 60 years, occ. Farmer r/o at Post Dhor Jagaone Tq. Shevgaon Dist. Ahmednagar 414 501 .. Respondents Mrs. R. S. Kulkarni, Advocate holding for Mr. D. A. Bide, Advocate for the Petitioners.

Mr. B. S. Shinde, AGP for the State.

Mr. P. D. Bachate, Advocate for Respondent Nos. 2 and 3B.

CORAM : R. M. JOSHI, J.

DATE : 16^th JANUARY, 2025.

JUDGMENT :

1. By consent of both sides, heard finally at admission stage.

2. These Petitions take exception to the order passed by the Joint Charity Commissioner in Revision Application Nos. 28/2020 and 29/2020 dated 18.07.2024 setting aside the order passed by the Deputy Charity Commissioner dated 03.10.2020 passed in Change Report Nos. 887/2010, 888/2010, 889/2010, 128/2015, 203/2016 and 69/2020.

3. It is the case of the Petitioners that they are the founder trustees of Punyashlok Ahilyadevi Seva Sangh, Ahmednagar, a trust registered under the Maharashtra Public Trust Act (for short ‘the Act’). Petitioners claim that the constitution of the trust reflects that the procedure for membership of the trust is that the person has paid Rs. 2,000/- as membership and it is approved by 2/3 majority. It is contended by the Petitioners that only on compliance of these two conditions, a person can be treated as a valid member of the trust and would be eligible to become a managing trustee. It is further case of the Petitioners that the contesting Respondents along with other members claim themselves to be the members of the trust and handling affairs of the trust for last 30 years. These persons filed change reports asserting their rights as Managing Trustees. The Deputy Charity Commissioner, after conducting enquiry under Section 22 of the Act, rejected the change reports with observation that the persons elected as managing trustees were not life members of the trust to become managing trustees thereof and those who become members are enrolled after general body meeting. This order passed by the Deputy Charity Commissioner came to be assailed before the Joint Charity Commissioner in Revision under Section 70(A) of the Act. The Joint Charity Commiss