Allowed

Saraswat Brahman Samaj through Its Chief Secretary Rajendra B. Desai v. Asst. Charity Commissioner, Mumbai Division, Mumbai

Bombay HC11 Sept 2014WP/11336/2011

Case brief

AI extract

What is this about?

The High Court set aside the Assistant Charity Commissioner's order rejecting an application to place consent letters on record. The Court allowed the application, directing the Charity Commissioner to dispose of the matter in accordance with law.

What did the court decide?

Set aside impugned order; application for production of consent letters on record allowed; Charity Commissioner directed to dispose proceedings.

Saraswat Brahman Samaj through Its Chief Secretary… — Property and Title | Bombay HC (2014)

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DSS

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915-wp-11336-11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION

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WRIT PETITION NO.11336 OF 2011

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Saraswat Bramhan Samaj	..	Petitioner
vs.
Asst. Charity Commissioner,
Mumbai Division, Mumbai and ors.	..	Respondents

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Mr. Parshurame i/b Mr.Amogh Karandikar for the petitioner

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CORAM : M. S. SONAK, J. DATE: 11 SEPTEMBER 2014

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P.C:-

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1] Heard Mr. Parshurame, learned counsel for the petitioner.

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2] The respondents though served are not present.

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3] By order dated 28 March 2012 made in this petition as well as Writ Petition No.11335 of 2011, notice for final disposal at the stage of admission was issued to the respondents.

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4] In pursuance of such notice, Writ Petition No.11335 of 2011 came to be disposed of by this Court, by its order dated 25 April 2013. In the said Writ Petition, respondent No.2 was represented by an advocate. However, as there was no clarity with regard to service of notice upon the respondents in the present petition, the present petition could not be disposed of.

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5] Be that as it may, learned counsel for the petitioner submits that the service has been completed upon the respondents. Necessary affidavit of service as also been filed. Learned counsel for the petitioner

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submits that even after lodging of the affidavit-in-service, this Court deemed it appropriate to issue further notice upon the respondents for final disposal of this petition. Said notices have also been served upon the respondents on two occasions. However, none appear for the respondents. In these circumstances, this Court deems it appropriate to proceed with the final hearing of the petition, particularly considering the narrow controversy involved, as also the circumstance that connected Writ Petition No.11335 of 2011 has already been disposed of by this Court by its order dated 25 April 2013.

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6] The petitioner, impugns the order dated 22 December 2011 made by the Assistant Charity Commissioner rejecting the petitioner's application to take on record consent letters, for the purposes of taking effective decision on the change report submitted by it on 31 July 2009. The reason for submissions of the change report, was that when election for Managing Committee Members was held on 8 March 2009, in presence of Court Officials, as per the order passed by the City Civil Court, Mumbai on 12 February 2009 in the course of which, eleven persons, details thereof has been set out in change report, came to be elected to the Managing Committee of the Trust. In terms of Section 22 of the Bombay Public Trusts Act, 1950, there is necessity to report such change to the Charity Commissioner.

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7] In the change report so lodged, the petitioner detected two deficiencies, which were formal in nature:

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(a) Pankaj P. Nerurkar was styled as an elected member, when in fact he was a co-opted member;

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(b) Consent letters of the elected representatives , to the effect that they consent to act as members of the Managing Committee, were not enclosed.

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8] Accordingly, the petitioner by two separate applications, applied for the cure of the aforesaid deficiencies. Both the applications, were however, rejected by the Assistant Charity Commissioner, by two separate orders made on 22 December 2011, on the sole ground that they were made belatedly, i.e., to borrow the words of the Assistant Charity Commissioner “ at the fag end”.

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9] By order dated 25 April 2013, in Writ Petition No.11335 of 2011, this Court has already set aside the order dated 22 December 2011, concerning the correct status of Pankaj Nerurkar. The ground that such application was belatedly made, did not find any favour with this Court, considering the nature of deficiency, which was sought to be cured.

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10] The principle adopted by this Court in its order dated 25 April 2013 is applicable in the facts and circumstances of the present case as well. This is not a case where the petitioner seeks to fill-in some lacunae of moment. The petitioner, merely seeks to place on record the consent letters, the effect of which can always be considered by the Assistant Charity Commissioner, when disposing of the change report. In this case, the Managing Committee members were elected in pursuance of an election held under the orders of the City Civil Court. The elections were held in the presence of Court Officials, duly appointed for the purpose.

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11] In the aforesaid circumstances, the impugned order dated 22 December 2011 made by the Assistant Charity Commissioner is liable to

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be set aside and the application made by the petitioner for taking on record the consent letters, is liable to be allowed.

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12] Accordingly, the impugned order dated 22 December 2011 passed by the Assistant Charity Commissioner is set aside. The application made by the petitioner for production of consent letters on record is granted. The Assistant Charity Commissioner is directed to dispose of the proceedings before it, in accordance with law. Rule is made absolute to the aforesaid extent. No order as to costs.

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(M. S. SONAK, J.)

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Saraswat Brahman Samaj through Its Chief Secretary Rajendra B. Desai v. Asst. Charity Commissioner, Mumbai Division, Mumbai

Case brief

What is this about?

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Saraswat Brahman Samaj through Its Chief Secretary Rajendra B. Desai v. Asst. Charity Commissioner, Mumbai Division, Mumbai

Case brief

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What did the court decide?

What the court decided

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