Case Note & Summary
The petitioner, Saroj Ashok Sontakke, is the reporting trustee of a public trust registered under the Maharashtra Public Trusts Act, 1950. She filed Change Report No.1110/2004 to report a change in the trust. During those proceedings, she filed an application seeking delivery of interrogatories. The respondents filed a reply, and on 28/04/2015, the learned Deputy Charity Commissioner rejected that application. The petitioner then filed an application for review of that order along with an application for condonation of delay. The Deputy Charity Commissioner rejected the review application on the ground that there was no provision in the Act of 1950 conferring the power of review. Aggrieved, the petitioner filed the present writ petition. The legal issue was whether the Deputy Charity Commissioner, while holding an enquiry under Section 22 of the Act, has the power of review. The petitioner argued that under Section 73 of the Act, the Deputy Charity Commissioner exercises judicial powers and has the same powers as are vested in courts while trying a suit. Rule 7 of the Maharashtra Public Trusts Rules, 1951 prescribes that the procedure for trial of suits under the Provincial Small Causes Courts Act, 1887 shall be followed. Section 17 of that Act applies the Code of Civil Procedure, 1908 to Small Causes Courts, which includes Order XLVII dealing with review. Therefore, the power of review is available. The respondents opposed, arguing that no such power exists under the Act. The court analyzed the provisions and held that the Deputy Charity Commissioner, by virtue of Section 73, has the same powers as a court. Rule 7 read with Section 17 of the Provincial Small Causes Courts Act makes the Code of Civil Procedure applicable, including Order XLVII. Thus, the Deputy Charity Commissioner has the power of review. The impugned order was set aside, and the matter was remitted to the Deputy Charity Commissioner to decide the review application on merits after hearing all parties. The writ petition was allowed.
Headnote
A) Charity Law - Power of Review - Deputy Charity Commissioner - Section 22, Section 73 Maharashtra Public Trusts Act, 1950, Rule 7 Maharashtra Public Trusts Rules, 1951, Section 17 Provincial Small Causes Courts Act, 1887, Order XLVII Code of Civil Procedure, 1908 - The issue was whether the Deputy Charity Commissioner has the power to review an order passed during an enquiry under Section 22 of the Act. The court held that by virtue of Section 73 of the Act, the Deputy Charity Commissioner exercises the same powers as are vested in courts while trying a suit. Rule 7 of the Rules mandates that the procedure prescribed for the trial of suits under the Provincial Small Causes Courts Act, 1887 shall be followed. Section 17 of that Act applies the Code of Civil Procedure, including Order XLVII (review), to Small Causes Courts. Therefore, the Deputy Charity Commissioner has the power of review. (Paras 1, 3-5)
Issue of Consideration
Whether the power of review can be exercised by the Deputy Charity Commissioner while holding an enquiry under Section 22 of the Maharashtra Public Trusts Act, 1950.
Final Decision
The writ petition is allowed. The impugned order dated 28/08/2019 passed by the Deputy Charity Commissioner, Nagpur, is set aside. The matter is remitted to the Deputy Charity Commissioner to decide the application for review on its own merits after hearing the parties. Rule is made absolute accordingly. No order as to costs.
Law Points
- Power of review
- Deputy Charity Commissioner
- Section 22 Maharashtra Public Trusts Act
- 1950
- Section 73 Maharashtra Public Trusts Act
- Rule 7 Maharashtra Public Trusts Rules
- 1951
- Provincial Small Causes Courts Act
- 1887
- Section 17 Provincial Small Causes Courts Act
- Code of Civil Procedure
- 1908
- Order XLVII CPC
