Dismissed¶¶34

Sharadchandra Dwarkadas Kabre v. the Deputy Charity Commissioner and Anr.

Bombay HC21 Apr 2026WP/4296/2026

Case brief

AI extract

What is this about?

Charity/trust administration: substitution of reporting trustee refused where the existing reporting trustee was the elected trustee authorised under S.22, Maharashtra Public Trust Act to file the change report, and his subsequent removal remains unresolved in a separate pending change report; writ dismissed with liberty for a co-trustee to intervene and lead evidence. Key terms: Erandol Shikshan Prasarak Mandal; Change Report No. 853 of 2023; Change Report No. 475/2025; Exhibit 53; Deputy Charity Commissioner, Jalgaon; resolution dated 18.05.2025.

What did the court decide?

Respondent No. 2 was elected as a trustee in the 2023 elections and was given authority to report the change in pursuance of that election; accordingly he submitted change report No. 853 of 2023, which has reached an advanced stage. ¶¶27

Sharadchandra Dwarkadas Kabre vs the Deputy Charity Commissioner and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶¶34

Issue for consideration

Whether the Petitioner may be substituted as the reporting trustee in place of Respondent No. 2 in pending Change Report No. 853 of 2023, given the Petitioner's claim that Respondent No. 2 stands removed vide resolution dated 18.05.2025 and that change report No. 475/2025 on that removal is pending.

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Court's answer

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Ratio / Principle

The validity of Respondent No. 2's alleged removal vide resolution dated 18.05.2025 is itself the subject matter of pending change report No. 475 of 2025, and Respondent No. 2 has raised objection to that alleged change and removal.

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Key takeaways

The Petitioner cannot claim his substitution as reporting trustee by removing the name of Respondent No. 2.ratio¶¶32
As the reporting trustee has already produced his evidence in change report No. 853 of 2023 and the matter is posted for his cross-examination, substitution cannot be permitted at this stage.ratio¶¶32
If Respondent No. 2 acts against the interest of the trust, the Petitioner, being a trustee, would be entitled to intervene and lead evidence, if so advised, in support of change report No. 853 of 2023.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench) (S. G. Chapalgaonkar, J.) dismissed Writ Petition No. 4296 of 2026 challenging the Deputy Charity Commissioner, Jalgaon's order dated 23.03.2026 (below Exhibit 53, Change Report No. 853 of 2023) rejecting the Petitioner's application to be substituted as reporting trustee in place of Respondent No. 2. Held: Respondent No. 2, elected trustee in the 2023 elections, was duly authorised to report the change under Section 22, Maharashtra Public Trust Act, and filed Change Report No. 853 of 2023, which has reached the evidence/cross-examination stage; the validity of his alleged removal vide resolution dated 18.05.2025 is itself sub judice in pending Change Report No. 475 of 2025; substitution at this stage is impermissible, but the Petitioner-trustee was granted liberty to intervene and lead evidence in support of Change Report No. 853 of 2023 if Respondent No. 2 acts against the interest of the trust.

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WP-4296-2026.odt

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2026:BHC-AUG:18021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 4296 OF 2026

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Sharadchandra Dwarkadas Kabre Age 82 years, Occ. Agriculture R/o. Marwadi Galli, Erandol Tq. Erandol, District Jalgaon The President of Erandol Shikshan Prasarak Manndal Erandol, Tq. Erandol District Jalgaon

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...Petitioner

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Versus

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The Deputy Charity Commissioner Jalgaon Region, Jalgaon

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Shrikant Ghansham Kabre Age 60 years, Occ. Agriculture R/o. Marwadi Galli, Erandol Tq. Erandol, District Jalgaon ...Respondents

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Mr. V. D. Hon, Senior Advocate a/w Mr. S. S. Kote, Advocate i/by Mr. A. V. Hon, Advocate for Petitioner

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Mr. S. R. Yadav Lonikar, AGP for the Respondents/State

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CORAM : S. G. CHAPALGAONKAR, J DATE : APRIL 21, 2026

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FINAL ORDER :

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The present Writ Petition takes exception to order dated 23.03.2026 passed by Deputy Charity Commissioner, Jalgaon, below Exhibit 53 in Change Report No. 853 of 2023, whereby the Petitioner's application for substituting him as reporting trustee has been rejected.

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PAGE 1 OF 4

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WP-4296-2026.odt

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On 23.10.2023, the elections of Erandol Shikshan Prasarak Mandal, a public trust, were declared. The newly constituted committee came into power and submitted change report in terms of Section 22 of the Maharashtra Public Trust Act before Deputy Charity Commissioner at Jalgaon. The Change Report No. 853 of 2023 was submitted through reporting trustee, namely, Shrikant Ghansham Kabre. The proceeding is pending before the DCC at the stage of evidence.

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The Petitioner filed application below Exhibit 53 contending

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that Mr. Shrikant Ghanasham Kabre and other trustees have been removed vide resolution dated 18.05.2025 passed during special general meeting. After removal, change report No. 475/2025 is filed and same is pending consideration. In view of this change, Mr. Shrikant Ghanasham Kabre ceased to be trustee, his authority has been withdrawn/cancelled & he cannot prosecute pending change report No. 850/2023. The Petitioner is newly appointed President, hence, he may be substituted as the reporting trustee in place of Shrikant Ghanasham Kabre.

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The Deputy Charity Commissioner, Jalgaon rejected Petitioner's application vide impugned order dated 23.03.2026 on ground that Respondent No. 2, Shrikant Ghanashyam Kabre, was authorized to submit change report on behalf of committee elected in year 2023. Although Petitioner is contending that he has been removed

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PAGE 2 OF 4

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WP-4296-2026.odt

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vide resolution dated 18.05.2025 passed in special general meeting, Respondent No. 2 has denied contentions.

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Mr. Hon, learned Senior Advocate appearing for Petitioner, submitted that Respondent No. 2 has no authority to represent trustees as he has been already removed from Trust by following due process of law. Only because change report No. 475/2025 is pending regarding removal of Respondent No. 2 and others, he cannot hold authority to prosecute change report No. 850/2023 filed in respect of election of trustees held in year 2023.

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Having considered submissions advanced by Petitioner, this Court finds that election of trustee were held in the year 2023. The Respondent No. 2 was elected as a trustee and he was given authority to report change in pursuance to the election. Accordingly, he submitted the change report No. 853 of 2023, which has reached to advance stage. At this stage, Petitioner contend that Respondent No. 2 has been removed from trust with effect from 18.05.2025, however, change report in this regard is still pending. The Respondent No. 2 has raised objection to aforesaid change and his alleged removal. Apparently, at time of reporting change of 2023, Respondent No. 2 was authorized on

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behalf of trustees to represent them. Whether the removal of Respondent No. 2 is valid or not is subject matter of pending change

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PAGE 3 OF 4

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WP-4296-2026.odt

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report No. 475 of 2025.

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In that view of matter, Petitioner cannot claim his substitution as reporting trustee by removing name of Respondent No.2. It appears that in change report No. 853 of 2023, reporting trustee has already produced his evidence and matter is posted for his crossexamination. At this stage, substitution cannot be permitted, however, as apprehended by Petitioner, if Respondent No. 2 acts against interest of trust, Petitioner being trustee would be entitled to intervene and lead their evidence, if so advised in support of change report No. 853 of 2023.

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With aforesaid liberty in favor of Petitioner, Writ Petition

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stands rejected.

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(S. G. CHAPALGAONKAR, J.)

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Umesh

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PAGE 4 OF 4

Sharadchandra Dwarkadas Kabre v. the Deputy Charity Commissioner and Anr.

Case brief

What is this about?

What did the court decide?

Sharadchandra Dwarkadas Kabre v. the Deputy Charity Commissioner and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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