Case Note & Summary
The judgment pertains to two first appeals filed against a common order dated 01.02.2023 passed by the Joint Charity Commissioner, Aurangabad Region, in suo moto Enquiry Application No.14/2021 under Section 47 of the Maharashtra Public Trusts Act, 1950, concerning Shri Sansthan Devi Anusaya Math, Pimpri (Zola), Taluka Gangakhed, District Parbhani. The appellants in First Appeal No.1078/2023 were applicants for the post of Mahant/Mathadhipati who were unsuccessful, while the appellant in First Appeal No.1264/2023 was another applicant. The Joint Charity Commissioner had initiated the enquiry for appointment of trustees and issued a public notice on 25.11.2022 inviting applications. After hearing all applicants, the Commissioner appointed respondent No.2, Shri Swami Surendragiri Maharaj, as the Mahant. The appellants challenged the order on grounds of procedural irregularities and lack of proper notice. The High Court, after hearing arguments, found that the Joint Charity Commissioner had followed due procedure, issued public notice, and provided opportunity to all applicants. The court held that there was no violation of natural justice and the appointment was valid. Consequently, both appeals were dismissed.
Headnote
A) Charity Law - Appointment of Trustees - Section 47 of Maharashtra Public Trusts Act, 1950 - Suo Moto Enquiry - The Joint Charity Commissioner initiated suo moto enquiry under Section 47 for appointment of trustees of a public trust. After issuing public notice and hearing all applicants, the Commissioner appointed respondent No.2 as Mahant. The appellants, who were unsuccessful applicants, challenged the order. Held that the Commissioner followed due procedure and there was no violation of natural justice. (Paras 1-3)
B) Charity Law - Public Notice - Section 47 of Maharashtra Public Trusts Act, 1950 - Adequacy of Notice - The appellants contended that the public notice was not widely published. However, the court found that the notice was issued and the appellants themselves participated in the proceedings. Held that the notice was sufficient and the appellants had opportunity to be heard. (Paras 2-3)
Issue of Consideration
Whether the Joint Charity Commissioner's order appointing respondent No.2 as Mahant/Mathadhipati of the Trust under Section 47 of the Maharashtra Public Trusts Act, 1950, is sustainable in law and on facts.
Final Decision
Both appeals are dismissed. The order of the Joint Charity Commissioner dated 01.02.2023 is upheld.
Law Points
- Section 47 of Maharashtra Public Trusts Act
- 1950
- Suo Moto Enquiry
- Appointment of Trustees
- Public Notice
- Opportunity of Hearing
- Natural Justice
Case Details
2023 LawText (BOM) (05) 10
First Appeal No. 1078 of 2023 with First Appeal No. 1264 of 2023
Shri P.V. Mandlik, Senior Counsel i/b Shri P.P. Mandlik for appellants in FA-1078/2023; Shri A.B. Chate, A.G.P. for respondent No.1; Shri S.S. Gangakhedkar for appellant in FA-1264/2023; Shri Rajendra Deshmukh, Senior Counsel a/w Jay Veer i/b Shri T.M. Venjane assisted by Shri Vikrant Valse for respondent No.2 in both appeals
Kalidas s/o Sopanrao Sawant, Mahant Gopalgir Guru Raigir, Kailasgir Guru Balgir Giri (in FA-1078/2023); Chiranjiv Giri Guru Narendragiri (in FA-1264/2023)
The Joint Charity Commissioner, Aurangabad; Shri Swami Surendragiri Maharaj
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Nature of Litigation
Appeals against order of Joint Charity Commissioner appointing Mahant of a public trust under Section 47 of Maharashtra Public Trusts Act, 1950.
Remedy Sought
Appellants sought setting aside of the Joint Charity Commissioner's order dated 01.02.2023 appointing respondent No.2 as Mahant.
Filing Reason
Appellants were unsuccessful applicants for the post of Mahant and challenged the appointment on grounds of procedural irregularities.
Previous Decisions
Joint Charity Commissioner passed order on 01.02.2023 in suo moto Enquiry Application No.14/2021 appointing respondent No.2 as Mahant.
Issues
Whether the Joint Charity Commissioner's order appointing respondent No.2 as Mahant is sustainable.
Whether there was any procedural irregularity or violation of natural justice in the enquiry.
Submissions/Arguments
Appellants argued that the public notice was not widely published and they were not given proper opportunity.
Respondent No.2 supported the order and argued that due procedure was followed.
Ratio Decidendi
The Joint Charity Commissioner followed due procedure under Section 47 of the Maharashtra Public Trusts Act, 1950, issued public notice, and provided opportunity to all applicants. There was no violation of natural justice. Hence, the appointment of respondent No.2 as Mahant is valid.
Judgment Excerpts
Both these appeals are, in fact, preferred against one and the same judgment and order passed by the learned Joint Charity Commissioner, Aurangabad Region, Aurangabad on 01.02.2023 in suo moto Enquiry bearing Application No.14/2021 initiated under Section 47 of the Maharashtra Public Trusts Act, 1950 in the matter of Shri Sansthan Devi Anusaya Math, Pimpri (Zola), Taluka Gangakhed, District Parbhani.
The appellants in First Appeal No. 1078 of 2023 are the persons who had applied for the post of Mahant / Mathadhipati of the said Trust, but could not succeed.
Procedural History
The Joint Charity Commissioner initiated suo moto enquiry under Section 47 of the Maharashtra Public Trusts Act, 1950 for appointment of trustees of Shri Sansthan Devi Anusaya Math. Public notice was issued on 25.11.2022. After hearing applicants, the Commissioner appointed respondent No.2 as Mahant on 01.02.2023. Aggrieved, the unsuccessful applicants filed two first appeals before the High Court.
Acts & Sections
- Maharashtra Public Trusts Act, 1950: Section 47
