Case Note & Summary
The petitioner, Hemkant Kombe, challenged an order of the Principal District Judge, Wardha, which confirmed an order dated 30.12.2006 passed by the Assistant Charity Commissioner framing a scheme for the management of a public trust called 'Shri Mahadeo Deosthan, Babapur'. The trust was originally registered under the Madhya Pradesh Public Trusts Act, 1951, on 21.06.1955, and later under the Bombay Public Trusts Act, 1950 (now Maharashtra Public Trusts Act, 1950). The mode of succession of trustees was recorded as 'by law of inheritance'. In 1995, due to controversies in management, the Assistant Charity Commissioner initiated proceedings under Section 50A of the Act of 1950 and directed the parties to file draft schemes. After hearing the parties, the Assistant Charity Commissioner framed a scheme on 30.12.2006, appointing the petitioner and respondents as trustees. The petitioner appealed to the District Judge under Section 72 of the Act, arguing that the scheme could not override the mode of succession by inheritance. The District Judge dismissed the appeal, confirming the scheme. The petitioner then filed the present writ petition. The High Court examined the provisions of Section 50A and Section 72 of the Maharashtra Public Trusts Act, 1950. It held that the power under Section 50A is independent and can be exercised for better management of the trust, even if the mode of succession is by inheritance. Once a scheme is framed, the mode of succession as per inheritance is superseded and the scheme governs appointment of trustees. The court also noted that the scheme had been in operation for over 15 years and had worked well. The court found no perversity or illegality in the orders of the authorities below and dismissed the petition, upholding the scheme.
Headnote
A) Trust Law - Scheme under Section 50A - Supersession of Mode of Succession - Maharashtra Public Trusts Act, 1950, Section 50A - The court considered whether a scheme framed under Section 50A can override the mode of succession by inheritance recorded in the register. Held that once a scheme is framed, the mode of succession as per inheritance is superseded and the scheme governs appointment of trustees. (Paras 8-10) B) Trust Law - Appeal under Section 72 - Scope of Interference - Maharashtra Public Trusts Act, 1950, Section 72 - The court examined the scope of the District Judge's appellate jurisdiction under Section 72. Held that the District Judge could not have interfered with the scheme merely because the mode of succession was by inheritance, as the power under Section 50A is independent and can be exercised for better management. (Paras 11-12) C) Trust Law - Appointment of Trustees - Scheme vs. Inheritance - Maharashtra Public Trusts Act, 1950, Sections 50A, 72 - The court addressed the contention that the scheme should not have been framed because the mode of succession was by inheritance. Held that the Assistant Charity Commissioner has jurisdiction to frame a scheme even if the mode of succession is by inheritance, and the scheme can provide for appointment of trustees from among the family members. (Paras 13-14)
Issue of Consideration
Whether the Assistant Charity Commissioner and the District Judge erred in framing a scheme for the Trust under Section 50A of the Maharashtra Public Trusts Act, 1950, and whether the scheme could override the mode of succession by inheritance recorded in the register.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Assistant Charity Commissioner and the District Judge. The scheme framed under Section 50A was confirmed.
Law Points
- Scheme under Section 50A supersedes mode of succession by inheritance
- Once scheme is framed
- appointment of trustees must be as per scheme
- Section 50A Maharashtra Public Trusts Act
- 1950
- Section 72 Maharashtra Public Trusts Act
