Disposed

Ram Swarath R. Yadav and 4 Ors. v. Assistant Charity Commissioner and 11 Ors.

Bombay HC2 Dec 2016WP/971/2016

Case brief

AI extract

What is this about?

Single Judge held that proceedings under section 41A of the Bombay Public Trusts Act are not quasi-judicial. Petition against Assistant Charity Commissioner's order rejecting maintainability of an election application is disposed, with merit contentions kept open.

What did the court decide?

Petition disposed; all contentions on merits kept open for the Charity Commissioner to consider.

Ram Swarath R. Yadav and 4 Ors. Vs Assistant… — Public Procurement and Tenders | Bombay HC (2016)

oswp971

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.971 OF 2016

¶5

Ram Swarath R. Yadav & Ors.
vs.

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...Petitioners

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Assistant Charity Commissioner
Mumbai Regional Office of Charity
Commissioner, Maharashtra & Ors....Respondents

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Ms K.P.Reshma Ravi i/b K.P.Ravi for the Petitioners
Ms Uma Palsule-Desai, AGP for the respondent Nos.1
and 2.

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CORAM : A.S.OKA, &
 SMT.ANUJA PRABHUDESSAI,JJ.
 DATE : DECEMBER 2, 2016

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P.C.:

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1Heard the learned counsel for the petitioner.
An application seeking relief under section 41A of
the Bombay Public Trusts Act,1951 was made by the
contesting respondents. The said application is
pending before the learned Charity Commissioner,
Mumbai. In the said application, the present
petitioners filed an application raising two issues
about the maintainability of the application and the
jurisdiction of the learned Assistant Charity
Commissioner to entertain the application. The said
application has been rejected by the impugned order
dated 9th December 2015.

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2The submission of the learned counsel for the
petitioner is that on the basis of the application
under section 41A, the learned Assistant Charity

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2 oswp971

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Commissioner has no jurisdiction to pass an order
directing holding of elections. She relies upon the
decision of the learned Single Judge of this Court
in case of Lahudas Sambhaji Karad vs. The State of
Maharashtra and Others1.

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3We have perused the impugned order and the
finding recorded by the learned Assistant Charity
Commissioner. There is a decision of a Division
Bench of this Court which holds that the proceedings
under section 41A of the said Act are neither
judicial or quasi-judicial proceedings. There is no
finding recorded in the impugned order that under
section 41A, the relief which is prayed for in the
application filed by the second respondent can be
granted. It cannot be disputed that the learned
Assistant Charity Commissioner has jurisdiction to
decide the application under section 41A.
Moreover, the issue of maintainability is not
decided by the impugned order on the ground that the
question raised is a mix question of law and facts.

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4Therefore, notwithstanding the impugned order,
it is always open for the petition to urge before
the learned Charity Commissioner that the relief
which is prayed for in the application filed by the
second respondent cannot be granted in exercise of
power under section 41A of the Bombay Public Trusts
Act,1951.

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1 AIR 1993 BOMBAY 315

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3 oswp971

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5Hence, subject to what is observed above,
petition is disposed of. All contentions on merits
are kept open.

¶20

(ANUJA PRABHUDESSAI,J.)(A.S.OKA,J.)

Ram Swarath R. Yadav and 4 Ors. v. Assistant Charity Commissioner and 11 Ors.

Case brief

What is this about?

What did the court decide?

Ram Swarath R. Yadav and 4 Ors. v. Assistant Charity Commissioner and 11 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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