High Court of Judicature at Bombay Nagpur Bench Examines Challenge to Assistant Charity Commissioner's Rejection of Section 41-A Application in Trust Management Dispute. Petition Seeks Restraint on Rival Faction's Administration of Grant-in-Aid School Pending Decision of Change Reports.

Writ petition challenging order of Assistant Charity Commissioner rejecting application under Section 41-A of Maharashtra Public Trust Act, 1950, and seeking directions to restrain respondents from taking major policy decisions and actions regarding administration of trust-run school.

Petitioners sought setting aside of order dated 22.03.2021 passed in Inquiry No.1 of 2021 and directions to restrain Respondent Nos.1 to 10 from taking any major policy decision or action with reference to administration of Mahatma Phule Vidyalaya, including disciplinary enquiry against employees like Petitioner No.1, till decision of rival change reports.

Serious disputes in management of trust; rival change reports pending; petitioners claimed respondents were acting vengefully, cancelled life membership of Petitioner No.1, initiated departmental enquiry without authority; sought better management directions.

Assistant Charity Commissioner rejected Section 41-A application on 22.03.2021; Trial Court granted temporary injunction in Civil Suit No.72 of 2016; High Court stayed further proceedings in RCS No.72 of 2016 via Writ Petition No.5344 of 2019, later converted to Civil Revision Application; Change Report Inquiry No.838 of 2000 disposed of for want of prosecution on 12.03.2008.

Whether application under Section 41-A of Maharashtra Public Trust Act, 1950 by petitioners, being employees/members, is maintainable. Whether Assistant Charity Commissioner erred in rejecting prayer for appointment of fit person and restraining respondents from policy/administration decisions pending rival change reports. Whether initiation of departmental enquiry against Petitioner No.1 by respondents without authority is illegal and arbitrary. Whether pending change reports affect authority of rival management to administer trust and school. Whether writ petition is maintainable.

Petitioners argued that they are interested persons under Section 2(10) of the Maharashtra Public Trust Act, 1950, and entitled to seek directions under Section 41-A; serious management disputes existed; respondent faction cancelled life membership illegally and initiated departmental enquiry to victimize; pending change reports meant respondent trustees lacked authority; relied on Nanda Deo Pandey, Balaji Kapale, Dinkar Patil, President Purohit Sangh, and Sandeep Meghe citations. Respondents argued that the application under Section 41-A and the present petition are not maintainable; petitioner was misleading the court by sidetracking the main issue and mixing issues relating to pendency of two change reports; petitioner's conduct was questionable as shown by earned leave application and undertaking; enquiry initiated by respondents was justified.

By this petition, the Petitioners are challenging the order passed by the Assistant Charity Commissioner, Buldhana in Inquiry No.1 of 2021 dated 22.03.2021. The Petitioners are also seeking directions to restrain the Respondent Nos.1 to 10 from taking any major policy decision so also from taking any action with reference to Administration of Mahatma Phule Vidyalaya, Shegaon (hereinafter referred as “the school”) run by Mahatma Phule Shikshan Prasarak Mandal, Shegaon, including any action of proceeding with disciplinary enquiry against employee including Petitioner No.1, till decision of rival change reports. It is further contention that in view of Section 2 sub-section 10 of the MPT Act, 1950, “interested person” includes employee/servant of Trust, and therefore, he is having every right under Section 41-A of the MPT Act, 1950, for seeking directions for better management of the Trust from the learned Assistant Charity Commissioner, Buldhana. Per contra, Shri. A. B. Patil, learned Advocate for the Respondent Nos.1 to 9 and 13, vehemently opposed the petition. It is submitted that the application filed by the present Petitioners under Section 41-A of the MPT Act, 1950, itself is not maintainable and so does the present petition.

The trust Mahatma Phule Shikshan Prasarak Mandal is registered under the Maharashtra Public Trust Act, 1950 and runs Mahatma Phule Vidyalaya, Shegaon, a grant-in-aid school. Disputes arose between rival factions over management. Change Report Inquiry No.838 of 2000 was disposed of for want of prosecution on 12.03.2008. Further change reports Inquiry Nos.984 of 2011, 985 of 2011 and later Inquiry No.74 of 2019 were filed by different factions. Petitioner No.1's life membership was cancelled, leading to Civil Suit No.72 of 2016 for permanent injunction; the Trial Court granted temporary injunction. That order was challenged in Writ Petition No.5344 of 2019, in which the High Court stayed further proceedings in RCS No.72 of 2016; the petition was later converted into Civil Revision Application. A departmental enquiry was initiated against Petitioner No.1 in December 2020. Petitioners filed an application under Section 41-A of the Maharashtra Public Trust Act, 1950 before the Assistant Charity Commissioner, Buldhana, seeking appointment of a fit person and restraint on respondents. The Assistant Charity Commissioner rejected the application by order dated 22.03.2021 in Inquiry No.1 of 2021. Aggrieved, the petitioners filed the present Writ Petition No.1735 of 2021. The High Court heard arguments, reserved judgment on 5 May 2022, and pronounced it on 6 May 2022.

• Maharashtra Public Trust Act, 1950: Section 2(10), Section 41-A