The High Court upheld the Joint Charity Commissioner’s decision to set aside the provisional acceptance of Change Report No. 335/2023, filed by the Petitioner, the President of Gunai Shikshan Prasarak Mandal. The Court emphasized the importance of considering existing objections and following principles of natural justice even at the provisional acceptance stage. The Deputy Charity Commissioner is directed to decide on Change Report Nos. 300/2023 and 335/2023 by 16.08.2024, ensuring transparency and accountability in the decision-making process.

1. Rule. Rule made returnable forthwith.

• By consent of parties, heard finally at admission stage.

2. Background:

• The Petitioner challenges the judgment and order dated 08.07.2024 by the Joint Charity Commissioner, Latur (Jt. CC) in Revision No. 15/2024.
• This order set aside the provisional acceptance of Change Report No. 335/2023 under Section 22(2) of the Maharashtra Public Trust Act (the Act).

3. Petitioner’s Claims:

• Founder member and President of Gunai Shikshan Prasarak Mandal.
• Elections held on 27.05.2022 for the managing committee for 2022-2027.
• Filed Change Report No. 335/2023 with Deputy Charity Commissioner (Dy. C.C.) on 12.04.2023.
• Change report provisionally accepted on 30.01.2023.

4. Respondent No. 3’s Actions:

• Filed Revision Application No. 15/2024 before the Jt. CC, Latur.
• Sought recalling of the order dated 30.10.2023 by the Dy. C.C.

5. Arguments by Petitioner and Respondent No. 5:

• Revision by Respondent No. 3 is not maintainable during the pendency of the recalling application.
• Allegations of suppression of facts by Respondent No. 3.
• Contend that objections should not be heard at the provisional acceptance stage under Section 22(2) of the Act.

6. Arguments by Respondent No. 3:

• Claimed involvement of Petitioner in activities against the trust's interest.
• Objection to Change Report No. 335/2023 ignored by Dy. C.C.
• Asserts valid membership and no findings against his membership by any authority.

7. Legal Framework and Provisions of Section 22:

• Detailed examination of Section 22 of the Act.
• The amendment allows for provisional acceptance of change reports within 15 working days, with a notice period for objections.

8. Judicial Interpretation and Precedents:

• Reference to the judgment in Jagatnarayan Swarupsingh vs. Swarup Singh Education Society (1980 Mh. L.J. 372).
• Emphasis on the judicial nature of inquiries and the necessity of adherence to natural justice principles.

9. Court’s Analysis:

• Even provisional acceptance requires judicious application of mind and consideration of existing objections.
• Dy. C.C. should have provided an opportunity for hearing to the objector before provisional acceptance.

10. Conclusion:

• Upheld the Jt. C.C.’s decision to set aside the Dy. C.C.’s order.
• Emphasized transparent and accountable decision-making.

11. Direction for Expeditious Decision:

• Dy. C.C. to decide on Change Report Nos. 300/2023 and 335/2023 by 16.08.2024, as per directions in Writ Petition No. 4346/2024.

12. Final Order:

• Petition disposed of.
• Rule made absolute.
• Clarification that Dy. C.C. should not be influenced by the Court's order on merits.