IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J. JAMADAR, J.
Kisan Kalu Khatal - Petitioner
Versus
Usha Baburao Pawar – Respondent
Writ Petition No. 13139 of 2025 With Writ Petition No. 853 of 2026
Decided On : 08-06-2026
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.
2. These petitions under Article 227 of the Constitution of India assail the legality, propriety and correctness of a judgment and order dated 10th September, 2025, passed by the learned Joint Charity commissioner, Nashik in Appeal No. 78/2022 and 81/2022, whereby the appeals under Section 70 of the Maharashtra Public Trust Act, 1950 (“the Trust Act, 1950) against an order dated 02nd August, 2022, passed by the Deputy Charity Commissioner, Nashik in Change Report No. 451/2005, came to be disposed by appointing the Inspector in the Public Trust Registration office with a direction to conduct election to the Managing Committee of Dnyan Prasarak Mandal – the Public Trust, from amongst 13 members of the Trust.
3. Though the dispute has a chequered history with multiple rounds of litigation before the authorities under the Trust, Act, 1950, yet, the background facts can be summarized as under :-
3.1 Dyan Prasarak Mandal, Nashik, came to be registered as a Public Trust vide Registration No. F-2853/Nashik, in the year 1991. There were 16 members of the Trust. There was no controversy over the appointment of the first Managing Committee for the term 1991-1996. For the term 1996-2001, also the Managing Committee was appointed and the change, reported vide CR No. 3000/1996, was duly accepted.
3.2 After the expiry of the term of Managing Committee in the year, 2001, purportedly change occurred in the Managing Committee of the Trust and Change Report Nos. 830/2001 and 302/2002 were filed. Those change reports were rejected.
3.3 Another Change Report being CR No. 194/2004 was filed. However, in Appeal No. 20/2004, by a judgment and order dated 29th March, 2005, the learned Joint Charity Commissioner, Nashik, quashed and set aside the order passed by the Deputy Charity Commissioner in CR No. 194/2004 and directed the Deputy Charity Commissioner to hold elections to the Managing Committee of the Trust, as per the by-laws after confirming the legal and valid members, who were entitled to vote at such an election.
3.4 By a further order dated 15th April, 2005, the learned Joint Charity Commissioner was persuaded to modify the order dated 29th March, 2005 and give further directions to the Assistant Charity Commissioner in regard to the finalization and display of the list of legal and valid members of the Trust.
3.5 Pursuant to the aforesaid directions, the Assistant Charity Commissioner published list of members of the Trust including the members who were purportedly added pursuant to the resolution passed by the Trust in its meeting dated 12th November, 2003.
3.6 In the elections, which were held on 01st July, 2005, 9 members were elected unopposed, as the members of the Managing Committee for the term 01st July, 2005 to 30th June, 2010, including the Petitioner Nos. 1 and 2, in Writ Petition No. 13139/2025, and Petitioner Nos.1, 2 and 13, in Writ Petition No. 853/2026.
3.7 A Change Report, being CR No. 451/2005, was filed to report the change that had so occurred in the Managing Committee of the Trust. The said change report was rejected by the Deputy Charity Commissioner, Nashik.
3.8 Being aggrieved, an appeal was preferred before the Joint Charity Commissioner, being Appeal No. 31/2006. By a judgment and order dated 23rd January, 2008, the appeal was partly allowed and the order passed by the Deputy Charity Commissioner rejecting the change report was quashed and set aside and the said CR No. 451/2005 was remanded back to the Deputy Charity Commissioner for a fresh trial.
3.9 Being aggrieved, the Respondent Nos. 1 to 3 herein and others preferred an application before the District Court, Nashik under Section 72 of the Trust Act, 1950, as it then stood. By a judgment and order dated 30th March, 2011, the learned District Judge dismissed the application and affirmed the order of the learned Joint Charity Commissio
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