Mahesh Waman Pilankar vs Rupesh Gaikwad and Ors. — Bombay HC (2026) — LawSathi Research

Mahesh Waman Pilankar vs Rupesh Gaikwad and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

WP 1375/2026 disposed with a clarification that the election of eight members of the Managing Committee (Trustees) shall not affect the petitioners' position as permanent trustees, subject to the final outcome of Appeal No. CC/312/2025; Joint Charity Commissioner requested to decide the appeal expeditiously. WP 1371/2026 dismissed as withdrawn with liberty to raise all contentions before the Charity Commissioner in a proceeding filed after the election of the trustees.

Issue for consideration

Whether the election of the remaining eight posts of trustees of the Trust, being held in accordance with the Assistant Charity Commissioner's order dated 15th October, 2025, would affect the petitioners' position as permanent trustees, in light of the impugned stay by the Joint Charity Commissioner of clause 4 of the Scheme order.

Court's answer

On a conjoint reading of the observations in paragraph No. 8 of the Assistant Charity Commissioner's order dated 15th October, 2025 and Schedule-I appended thereto, it prima facie appears that the appointment of the petitioners as permanent trustees has not been disturbed by the election process.

Ratio / Principle

Writ Petition No. 1375 of 2026 stands disposed with a clarification that the election of eight members of the Managing Committee (Trustees) shall not affect the position of the petitioners as permanent trustees, subject to the final outcome of Appeal No. CC/312/2025.

Key takeaways

The learned Joint Charity Commissioner is requested to hear and decide Appeal No. CC/312/2025 as expeditiously as possible.ratio¶¶34
In Writ Petition No. 1371 of 2026, leave was granted to the petitioner to withdraw the petition with liberty to raise all contentions in the proceeding which may be filed after the election of the trustees before the Charity Commissioner.ratio¶¶39
Writ Petition No. 1371 of 2026 stands dismissed as withdrawn.

Detailed headnote1 paragraphs

Bombay High Court (N. J. Jamadar, J.), Oral Order dated 02nd February 2026 — Maharashtra Public Trust Act, 1950. In W.P. No. 1375 of 2026, challenging the Joint Charity Commissioner's order dated 01st January, 2026 in Appeal No. CC/312/2025 (under Section 70 of the Maharashtra Public Trust Act) staying clause 4 of the Assistant Charity Commissioner's order dated 15th October, 2025 in Scheme Application No. 02/2022 (Scheme framed under Section 50A(3) of the Trust Act, 1950, directing the petitioners to be trustees till decision of specified suits), the Court noted the notified election programme for maximum eight Managing Committee (Trustee) posts and, on a conjoint reading of paragraph 8 of the Assistant Charity Commissioner's order and Schedule-I thereto, recorded that prima facie the petitioners' appointment as permanent trustees had not been disturbed. The petition was disposed of with a clarification that the election of eight trustees shall not affect the petitioners' position as permanent trustees, subject to the final outcome of Appeal No. CC/312/2025, with a request to the Joint Charity Commissioner to decide the appeal expeditiously. W.P. No. 1371 of 2026 was permitted to be withdrawn with liberty to raise all contentions before the Charity Commissioner in a proceeding filed after the election, and stood dismissed as withdrawn. No precedents were cited or relied upon.

38-WP-1371-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 1371 OF 2026

Mahesh Waman Pilankar Versus

..Petitioner

Rupesh Gaikwad and Ors …Respondents

WITH

WRIT PETITION NO. 1375 OF 2026

Mahesh Waman Pilankar & Ors. ..Petitioners Versus Vijay Sudam Todankar and Ors …Respondents

..Petitioners

Mr. R. S. Apte, Sr. Advocate, Ms. Dhanashree Bhate, for the Petitioner in WP/1371/2026 & WP/1375/2026.

Mr. L. S. Deshmukh a/w Mr. Ranjana Todankar, for the Respondent No. 2 in WP/1371/2026 and for Respondent No. 1 & 8 in WP/1375/2026.

Mr. Santosh Jadhav, for Respondent No. 6 in WP/1371/2026 & WP/1375/2026.

CORAM: N. J. JAMADAR, J. DATE : 02^nd FEBRUARY 2026

ORAL ORDER:

Heard the learned Counsel for the parties.

WRIT PETITION NO. 1375 OF 2026

The challenge in this petition is to an order dated 01^st

Digitally signed SANTOSHSUBHASH by SANTOSHSUBHASHKULKARNI KULKARNI Date: 2026.02.0319:18:55 +0530

January, 2026 passed by the learned Joint Charity Commissioner in Appeal No. CC/312/2025 under Section 70 of

the Maharashtra Public Trust Act against an order passed by

the learned Assistant Charity Commissioner on 15^th October, SAINATH 1/4

38-WP-1371-2026.DOC

2025 in Scheme Application No. 02/2022 whereby the learned Assistant Charity Commissioner has framed a Scheme in exercise of the power under Section 50A(3) of the Trust Act, 1950.

The learned Assistant Charity Commissioner while partly allowing the Scheme application has inter alia directed that, the petitioners shall be the trustees of the trust till the decision of the suits instituted on behalf of the Trust, mentioned in clause 4 of the said order.

By the impugned order the learned Joint Charity Commissioner has stayed the execution and operation of the said clause 4 of the order passed by the learned Assistant Charity Commissioner, finding it to be incongruous with other clauses of the Scheme settled by the Assistant Charity Commissioner.

Mr. Apte, the learned Senior Advocate for the petitioners, submitted that, under clause 6 of the Scheme which has been retained by the Assistant Charity Commissioner, the petitioners have been shown as a permanent trustees of the Trust. The impugned order has the effect of displacing the petitioners from the position of permanent trustees.

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SAINATH

38-WP-1371-2026.DOC

The learned Counsel for the Respondent No. 1, who is the contesting respondent, submits that, in accordance with the order passed by the Assistant Charity Commissioner dated 15^th October, 2025, the election to fill the remaining eight posts of the trustees is being held. The election does not affect the position of the petitioners as the permanent trustees.

On the perusal of the election program, it becomes evident that, the Election Officer has notified the program and the Rules to elect maximum eight members of the Managing Committee (the Trustees) of the Trust. From a conjoint reading of the observations in paragraph No. 8 of the order passed by the Assistant Charity Commissioner and the Schedule-I appended to the said order, it prima facie appears that, the appointment of the petitioners as the permanent trustees has not been disturbed.

In the aforesaid view of the matter, the petition stands disposed with a clarification that, the election of eight members of the Managing Committee (Trustees) shall not affect the position of the petitioners as the permanent trustees, subject to the final outcome of Appeal No. CC/312/2025.

The learned Joint Charity Commissioner is requested to hear and decide the appeal as expeditiously as possible.

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SAINATH

38-WP-1371-2026.DOC

WRIT PETITION NO. 1371 OF 2026

The learned Senior advocate for the petitioner, on instructions, seeks leave to withdraw the petition with liberty to raise all the contentions in the proceeding which may be filed after the election of the trustees before the Charity Commissioner.

Leave granted with liberty as prayed for.

The petition stands dismissed as withdrawn.

[N. J. JAMADAR, J.]

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SAINATH