Writ petition challenging reversal of a charity commissioner's acceptance of a trust change report. The court found the earlier induction meeting already invalidated, notices defective per the trust constitution, upheld the Joint Charity Commissioner and District Judge decisions, dismissed the petition with costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed VASANT by VASANT ANANDRAO ANANDRAO IDHOL IDHOL Date: 2024.06.12 19:37:14 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3510 OF 2024
Shital D. Kauthekar & Anr. ...Petitioners V/s. Ravindra D. Gaikwad & Ors. ...Respondents
Mr.Santosh Jadhavar (through V.C.) with Mr.Chaitanya Khade for the Petitioners.
Ms.Vrushali R. Raje, AGP for the State - Respondent.
CORAM : AVINASH G. GHAROTE, J. DATE : 12TH JUNE, 2024.
P.C. :-
Commissioner dated 8.9.2008 (page 48) accepting the change
report filed under section 22 of Maharashtra Public Trust Act (MPT Act) accepting the induction of petitioner no.2 in the Managing Committee in terms of resolution dated 19.3.2008 in
pursuance of the notice of meeting dated 14.3.2008 (page 19)
has been set aside by the Joint Charity Commissioner vide
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judgment dated 4.6.2012 in revision under section 70A of the MPT Act (page 49) and challenge to which before the learned District Judge - 4 Solapur in Misc. Application No.178 of 2012 has been turned down by the judgment dated 29.1.2019.
down which directly affects the inclusion of petitioner no.2 as a
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member of the trust. This clearly has consequential effect of the meeting dated 19.3.2008 in pursuance to the notice 14.3.2008 being rendered illegal and all resolutions passed therein invalid. There is yet another reason, which is that any vacancy created in the managing committee in terms of clause 16 of the constitution will have to be necessarily filled in by exercising the mode as indicated in clause 11 in absence of any other provision in that regard. The notice calling the meeting which is required to be issued by the Secretary by clause 10 of the Constitution has not been so done and the meeting has been requisitioned by the President which also rendered the meeting infirm. The notice is also not for a period of 15 days as is the wont of clause 11(3) of the constitution. All these things have been considered by the Joint Charity Commissioner and the learned District Judge in the impugned judgments and I therefore do not see any reason spelt out for interference, though Mr.Ranshi L. Shah vs. Premji Devji Shah & others, 2007 (4) Mh.LJ 293, has been relied upon, that does not assist the case of the petitioners as the initial meeting dated 20.1.2008, in which the petitioner no.2 was
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inducted as a member, itself has been declared as invalid. The petition is dismissed with costs.
(AVINASH G. GHAROTE, J.)
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1 issue framed by the court
Whether the setting aside of the change report accepting petitioner no.2's induction into the Managing Committee could be sustained given invalidity of the underlying meetings and notices.
Colour shows how this judgement treated each authority
Mr.Ranshi L. Shah vs. Premji Devji Shah & othersDistinguished¶4
2007 (4) Mh.LJ 293 · Who else cites this
2 provisions across 1 enactments
Shital D. Kauthekar & Anr.
Ravindra D. Gaikwad & Ors.
State
Avinash G. Gharote
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
