Case Note & Summary
The appeal arose from a remand order passed by the District Judge-3, Jalna, in Civil Misc. Application No. 82 of 2015 under Section 72 of the Bombay Public Trusts Act, 1950. The dispute concerned Shri Anandi Atmanand Saraswati @ Rangnath Maharaj Vishranti Math, a public charitable trust. In 1997, an application for formulation of a new scheme was filed under Section 50-A(1) of the BPT Act before the Assistant Charity Commissioner (ACC), Jalna, who decided it on 20.06.2000. That order was challenged before the District Court, which remanded the matter. The ACC then passed a fresh judgment on 11.03.2015, holding that a scheme was necessary and appointing the first body of trustees along with the scheme. Two separate Civil Misc. Applications were filed under Section 72 of the BPT Act before the District Judge. The District Judge rejected one application (No. 78 of 2015) and allowed the other (No. 82 of 2015) in part, holding that the ACC had rightly framed the scheme but that consents and biodatas of the proposed trustees were required. The District Judge remanded the matter to the ACC to appoint the first body of trustees by obtaining biodatas and consent letters within three months. The appellant, Siddhavinayak Kashinathappa Bondre, who was original respondent No. 3, challenged this remand order. The High Court held that the District Judge exceeded his jurisdiction under Section 72, which only permits confirmation, modification, or setting aside of the ACC's order, not a remand. The High Court set aside the remand order and restored the ACC's order dated 11.03.2015, allowing the appeal.
Headnote
A) Charity Law - Trust Scheme - Remand Order - Section 72 of Bombay Public Trusts Act, 1950 - The District Judge, while hearing an appeal under Section 72, has limited jurisdiction to confirm, modify, or set aside the order of the Assistant Charity Commissioner; a remand for fresh consideration is not contemplated under Section 72. The District Judge exceeded his jurisdiction by directing the Assistant Charity Commissioner to obtain biodatas and consent letters of proposed trustees instead of deciding the appeal on merits. (Paras 1, 5-7)
B) Charity Law - Appointment of Trustees - Consent and Biodata - Section 50-A of Bombay Public Trusts Act, 1950 - The Assistant Charity Commissioner, while framing a scheme under Section 50-A, has the authority to appoint the first body of trustees. The District Judge cannot direct the Assistant Charity Commissioner to collect biodatas and consent letters as it amounts to interfering with the administrative function of the Charity Commissioner. (Paras 3-4, 6)
Issue of Consideration
Whether the District Judge, while exercising powers under Section 72 of the Bombay Public Trusts Act, 1950, could pass a remand order directing the Assistant Charity Commissioner to appoint the first body of trustees by obtaining biodatas and consent letters of suitable persons.
Final Decision
The High Court allowed the appeal, set aside the impugned order dated 30.01.2020 passed by the District Judge-3, Jalna, in Civil Misc. Application No. 82 of 2015, and restored the order dated 11.03.2015 passed by the Assistant Charity Commissioner, Jalna.
Law Points
- Jurisdiction of District Judge under Section 72 of Bombay Public Trusts Act
- 1950 is limited to confirming
- modifying
- or setting aside the order of the Assistant Charity Commissioner
- remand for fresh consideration is not permissible under Section 72
- District Judge cannot direct the Assistant Charity Commissioner to collect biodatas and consent letters as it amounts to exceeding appellate jurisdiction.
Case Details
2022 LawText (BOM) (10) 31
First Appeal No.270 of 2020
Ms. Pradnya Talekar for appellant, Mr. S.S. Thombre for respondent nos.2 and 3
Siddhavinayak s/o. Kashinathappa Bondre
Janardhan s/o. Dattuappa Bondre, Baburao Asaram Bhutekar, Subhash Ramrao Kuhire, Prakashand Maharaj Guru Vivekanand Maharaj, Shripad Gangadhar Minase, The Assistant Charity Commissioner, Jalna
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Nature of Litigation
Appeal against remand order passed by District Judge under Section 72 of Bombay Public Trusts Act, 1950 in a trust scheme matter.
Remedy Sought
The appellant sought setting aside of the remand order passed by the District Judge directing the Assistant Charity Commissioner to appoint first body of trustees by obtaining biodatas and consent letters.
Filing Reason
The District Judge, while hearing an appeal under Section 72, remanded the matter to the Assistant Charity Commissioner for fresh appointment of trustees, which the appellant contended was beyond the scope of Section 72.
Previous Decisions
The Assistant Charity Commissioner, Jalna, on 11.03.2015, framed a scheme for the trust and appointed the first body of trustees. That order was challenged in Civil Misc. Application No. 82 of 2015, which was partly allowed by the District Judge on 30.01.2020, remanding the matter for obtaining biodatas and consent letters.
Issues
Whether the District Judge, under Section 72 of the Bombay Public Trusts Act, 1950, has the power to remand the matter to the Assistant Charity Commissioner for fresh consideration.
Whether the District Judge exceeded his jurisdiction by directing the Assistant Charity Commissioner to obtain biodatas and consent letters of proposed trustees.
Submissions/Arguments
The appellant argued that the District Judge exceeded his jurisdiction under Section 72, which only permits confirmation, modification, or setting aside of the ACC's order, not a remand.
The respondents supported the District Judge's order, contending that the remand was necessary to ensure proper appointment of trustees.
Ratio Decidendi
The District Judge, while exercising powers under Section 72 of the Bombay Public Trusts Act, 1950, has limited jurisdiction to confirm, modify, or set aside the order of the Assistant Charity Commissioner. A remand for fresh consideration is not contemplated under Section 72. Therefore, the District Judge exceeded his jurisdiction by directing the Assistant Charity Commissioner to obtain biodatas and consent letters of proposed trustees.
Judgment Excerpts
The issue involved in this appeal is remand order passed by the District Judge-3, Jalna... directing the Assistant Charity Commissioner, Jalna to appoint first body of trustees by obtaining biodatas and consent letter of the suitable persons within a period of three months.
The learned District Judge has held that framing of new scheme for the said trust was necessary and the ACC has rightly framed the scheme, however, held that consents and bio-datas of the proposed trustees were not obtained.
Procedural History
In 1997, an application under Section 50-A(1) of the BPT Act was filed before the ACC, Jalna, which was decided on 20.06.2000. That order was challenged before the District Court, which remanded the matter. The ACC passed a fresh order on 11.03.2015, framing a scheme and appointing trustees. Two Civil Misc. Applications were filed under Section 72 before the District Judge. The District Judge rejected one (No. 78 of 2015) and partly allowed the other (No. 82 of 2015) on 30.01.2020, remanding the matter. The appellant filed First Appeal No. 270 of 2020 before the High Court, which was allowed on 06.10.2022.
Acts & Sections
- Bombay Public Trusts Act, 1950: Section 50-A, Section 72
