Case Note & Summary
The Bombay High Court, in a writ petition filed by the founder member and President of Gunai Shikshan Prasarak Mandal, challenged the order of the Joint Charity Commissioner, Latur, dated 08.07.2024, which set aside the provisional acceptance of Change Report No. 335/2023 by the Deputy Charity Commissioner. The petitioner claimed that a general body meeting held on 27.05.2022 elected a managing committee for 2022-2027, and he was elected President. The change report was filed on 12.04.2023 and provisionally accepted on 30.10.2023. Respondent No. 3, who claimed to be a member, filed a revision before the Joint Charity Commissioner, who allowed it and set aside the provisional acceptance. The petitioner argued that the revision was not maintainable because an application for recalling the order was pending before the Deputy Charity Commissioner, and that the revision was filed suppressing this fact. The court examined the provisions of Section 22 of the Maharashtra Public Trust Act, 1950, particularly the amendment introducing provisos to sub-section (2) allowing provisional acceptance of change reports concerning trustees and managers. The court held that the revision under Section 70A is maintainable against orders of the Deputy Charity Commissioner, and the pendency of a recall application does not bar revision. On merits, the court noted that the scheme of Section 22(2) does not require hearing of objections at the provisional acceptance stage; objections are considered only after notice is issued. The court also observed that there is no bar to accepting one change report provisionally even if multiple change reports are pending. The court set aside the impugned order and restored the order of provisional acceptance, directing the Deputy Charity Commissioner to decide the change report after hearing all parties in accordance with law.
Headnote
A) Charity Law - Maintainability of Revision - Section 70A of Maharashtra Public Trust Act, 1950 - Revision against provisional acceptance of change report is maintainable even if recall application is pending before lower authority - The court held that the remedy of revision under Section 70A is available against orders passed by the Deputy Charity Commissioner, and the pendency of a recall application does not bar revision (Paras 8).
B) Charity Law - Provisional Acceptance of Change Report - Section 22(2) of Maharashtra Public Trust Act, 1950 - Provisional acceptance does not require hearing of objections - The court observed that the scheme of Section 22(2) as amended does not contemplate hearing of objections at the stage of provisional acceptance; objections are considered only after notice is issued (Paras 9-10).
C) Charity Law - Multiple Change Reports - Section 22 of Maharashtra Public Trust Act, 1950 - There is no bar to accepting one change report provisionally even if multiple change reports for the same period are pending - The court noted that the provision does not create any bar against provisional acceptance of one change report when others are pending (Paras 6).
Issue of Consideration
Whether the revision application filed by Respondent No. 3 against the provisional acceptance of Change Report No. 335/2023 is maintainable when an application for recalling the order is pending before the Deputy Charity Commissioner, and whether the Joint Charity Commissioner erred in setting aside the provisional acceptance.
Final Decision
The Bombay High Court allowed the writ petition, set aside the impugned order dated 08.07.2024 passed by the Joint Charity Commissioner, Latur, and restored the order dated 30.10.2023 passed by the Deputy Charity Commissioner provisionally accepting Change Report No. 335/2023. The court directed the Deputy Charity Commissioner to decide the change report after hearing all parties in accordance with law.
Law Points
- Maintainability of revision under Section 70A of Maharashtra Public Trust Act
- 1950
- Provisional acceptance of change report under Section 22(2) of Maharashtra Public Trust Act
- Hearing of objections not required at provisional acceptance stage
- Multiple change reports for same period permissible
Case Details
2024 LawText (BOM) (8) 21
Writ Petition No. 3788/2021 (likely, but not clearly stated; the judgment refers to this number in context of a cited case)
Mr. N. P. Patil Jamalpurkar, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for the State. Mr. M. S. Deshmukh, Advocate for Respondent No. 5. Mr. V. D. Gunale, Advocate for Respondent No. 31.
The Joint Charity Commissioner Latur Region, Latur. Others
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Nature of Litigation
Writ petition challenging the order of Joint Charity Commissioner setting aside provisional acceptance of change report under Maharashtra Public Trust Act.
Remedy Sought
Petitioner sought setting aside of the Joint Charity Commissioner's order dated 08.07.2024 and restoration of the Deputy Charity Commissioner's order provisionally accepting Change Report No. 335/2023.
Filing Reason
Petitioner claimed that the revision filed by Respondent No. 3 was not maintainable due to pending recall application and that the Joint Charity Commissioner erred in setting aside the provisional acceptance without considering that no hearing is required at the provisional stage.
Previous Decisions
Deputy Charity Commissioner provisionally accepted Change Report No. 335/2023 on 30.10.2023. Joint Charity Commissioner set aside that order on 08.07.2024 in Revision No. 15/2024.
Issues
Whether the revision application against provisional acceptance of change report is maintainable when a recall application is pending before the lower authority.
Whether the Joint Charity Commissioner erred in setting aside the provisional acceptance of change report under Section 22(2) of the Maharashtra Public Trust Act.
Submissions/Arguments
Petitioner and Respondent No. 5 argued that revision is not maintainable because an application for recalling the order is pending before the Deputy Charity Commissioner, and that the revision was filed suppressing this fact. They also argued that the scheme of Section 22(2) does not require hearing of objections at the provisional acceptance stage, and there is no bar to accepting one change report provisionally even if multiple change reports are pending.
Respondent No. 3 argued that his change report was first in time, and he was not given an opportunity of hearing before provisional acceptance. He also argued that his membership was valid and that the order was passed on the same day the application was filed, indicating lack of proper consideration.
Ratio Decidendi
The revision under Section 70A of the Maharashtra Public Trust Act is maintainable against an order of provisional acceptance of change report, and the pendency of a recall application does not bar revision. The scheme of Section 22(2) does not require hearing of objections at the stage of provisional acceptance; objections are considered only after notice is issued. There is no bar to accepting one change report provisionally even if multiple change reports for the same period are pending.
Judgment Excerpts
Though now this objection is raised, but nothing is pointed out to this Court that any objection was raised about tenability of Revision on these grounds. Apart from this, there is no dispute about the fact that a remedy of Revision would be available against the order passed by Dy.C.C., challenged under Section 70A of the Act before Jt.C.C.
It is thus clear that original Section 22 of the Act did not provide for provisional acceptance of change report and enquiry in the manner prescribed was mandatory before accepting change. This provision went through amendment with introduction of provisos to sub-section 2 by Amendment Act LV of 2017
Procedural History
The Deputy Charity Commissioner provisionally accepted Change Report No. 335/2023 on 30.10.2023. Respondent No. 3 filed an application for recalling that order before the Deputy Charity Commissioner and also filed Revision No. 15/2024 before the Joint Charity Commissioner. The Joint Charity Commissioner allowed the revision on 08.07.2024, setting aside the provisional acceptance. The petitioner then filed the present writ petition before the Bombay High Court.
Acts & Sections
- Maharashtra Public Trust Act, 1950: 22, 22(2), 70A
