Case Note & Summary
The present appeal was filed by Dr. Avinash Dekate and Venimadhav Akolkar challenging the order dated 15/12/2018 passed by the Joint Charity Commissioner, Nagpur in Application No.17/2006 under Section 41-D of the Maharashtra Public Trusts Act, 1950. The appellants were trustees of Lokseva Shikshan Sanstha, a registered public trust running educational institutions. Respondent Nos. 2 and 3, claiming to be members of the trust, filed the application seeking removal of trustees. During the pendency of the proceeding, three respondents (Madhukar Begde, Rajesh Kune, and D.B. Bhandakkar) died, but no steps were taken by the applicants to bring their legal representatives on record. The Joint Charity Commissioner conducted the enquiry and passed the impugned order removing the appellants from trusteeship. The appellants challenged the order on the ground that it was per se illegal as the enquiry proceeded against deceased persons, and the order did not specify the tenure of removal. The court heard the learned counsel for the appellants and the respondents. The court found that the proceedings against the deceased persons vitiated the entire order. The court held that the order cannot be sustained and set it aside. The appeal was allowed, and the impugned order was quashed and set aside.
Headnote
A) Trusts - Removal of Trustees - Section 41-D Maharashtra Public Trusts Act, 1950 - Proceedings against deceased persons - The Joint Charity Commissioner conducted an enquiry under Section 41-D and removed the appellants from trusteeship. However, the enquiry proceeded against three persons who had already died, and no steps were taken to substitute them. The order also did not specify the tenure of removal. Held that the order is per se illegal and cannot be sustained as it violates principles of natural justice and the provisions of the Act. (Paras 2-3)
Issue of Consideration
Whether the order of removal of trustees passed by the Joint Charity Commissioner is sustainable when the proceedings were continued against persons who had died during the pendency of the application.
Final Decision
The appeal is allowed. The impugned order dated 15/12/2018 passed by the Joint Charity Commissioner, Nagpur in Application No.17/2006 is quashed and set aside.
Law Points
- Removal of trustees
- proceedings against dead persons
- violation of natural justice
- Section 41-D Maharashtra Public Trusts Act
- 1950
Case Details
2022 LawText (BOM) (07) 106
Dr. Avinash s/o Herabba Dekate and Venimadhav R. Akolkar
The Joint Charity Commissioner, Nagpur; Krishna s/o Janardhan Kaleshwar; Arun Anandrao Maundekar; Nagorao Marotrao Parate; Pandurang Upasrao Sute
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Nature of Litigation
Appeal against order of Joint Charity Commissioner removing trustees under Section 41-D of Maharashtra Public Trusts Act.
Remedy Sought
Appellants sought setting aside of the order of removal passed by the Joint Charity Commissioner.
Filing Reason
The order was challenged as illegal because the enquiry proceeded against persons who had died during the pendency of the application and the order did not specify the tenure of removal.
Previous Decisions
Joint Charity Commissioner passed order dated 15/12/2018 in Application No.17/2006 removing the appellants from trusteeship.
Issues
Whether the order of removal of trustees is sustainable when the enquiry proceeded against deceased persons?
Whether the order is illegal for not specifying the tenure of removal?
Submissions/Arguments
Appellants argued that the order is per se illegal as the enquiry proceeded against three persons who were already dead and no steps were taken to substitute them.
Appellants argued that the order does not mention the tenure of removal, making it contrary to law.
Ratio Decidendi
An order passed under Section 41-D of the Maharashtra Public Trusts Act, 1950 removing trustees is per se illegal if the enquiry proceeds against persons who have died during the pendency of the application, as it violates principles of natural justice and the provisions of the Act.
Judgment Excerpts
The said order mainly challenged on the ground that the order is per se illegal as the enquiry was proceeded against three persons who were already dead and proceedings continued against them.
The order is also contrary to the provisions of law as it does not mention the tenure of removal.
Procedural History
Respondent Nos. 2 and 3 filed Application No.17/2006 under Section 41-D of the Maharashtra Public Trusts Act before the Joint Charity Commissioner, Nagpur seeking removal of trustees. During the pendency, three respondents died. The Joint Charity Commissioner conducted enquiry and passed order on 15/12/2018 removing the appellants. The appellants filed First Appeal No.100/2019 before the Bombay High Court challenging the order.
Acts & Sections
- Maharashtra Public Trusts Act, 1950: Section 41-D
