Case Note & Summary
The petitioners, Lakhichand Marotrao Dhoble and Kisangopal Chunnilalji Gandhi, were the Chairman and Treasurer respectively of a public trust named Shri Ganesh Mandir Tekdi, Nagpur, registered under the Maharashtra Public Trusts Act, 1950. The trust had a Scheme of administration settled by the Bombay High Court in First Appeal No. 182/1973. On 05.07.2020, the Managing Committee passed a resolution expressing no-confidence against the petitioners, removing them from their posts. The petitioners challenged this resolution by filing a writ petition under Article 226 of the Constitution of India, seeking a declaration that the Scheme did not contemplate a no-confidence motion against office bearers. The legal issue was whether the Scheme permitted such a motion. The petitioners argued that the Scheme provided for a fixed term of five years for office bearers and did not allow removal by no-confidence. The respondents contended that the Scheme did not prohibit such a motion and that the Managing Committee had the power to remove office bearers. The Court analyzed the Scheme and found that it did not contain any provision for removal of office bearers, nor did it prohibit a no-confidence motion. The Court held that the Managing Committee, being the supreme body, had the inherent power to remove office bearers by a no-confidence motion, as the Act was silent on the mode of removal. The Court dismissed the petition, upholding the validity of the resolution.
Headnote
A) Trust Law - Scheme of Administration - No-Confidence Motion - Maharashtra Public Trusts Act, 1950 - Interpretation of Scheme - The issue was whether the Scheme of administration of a public trust permitted removal of office bearers by a no-confidence motion. The Court held that since the Scheme did not prohibit such a motion and the Act did not provide for removal of office bearers, the Managing Committee could pass a no-confidence motion to remove office bearers, as it was an internal management matter. (Paras 3-10) B) Trust Law - Removal of Office Bearers - Managing Committee Powers - Maharashtra Public Trusts Act, 1950 - The Court held that the Managing Committee, as the supreme body, had the power to remove office bearers by a no-confidence motion, as the Scheme did not specify any mode of removal and the Act was silent. The resolution dated 05.07.2020 was valid. (Paras 11-15)
Issue of Consideration
Whether the Scheme of administration of the Trust contemplates passing of a no-confidence motion against the office bearers of the Managing Committee of the Trust.
Final Decision
The writ petition is dismissed. The resolution dated 05.07.2020 expressing no-confidence against the petitioners is held valid.
Law Points
- Interpretation of Scheme of Administration
- No-confidence motion against office bearers of public trust
- Maharashtra Public Trusts Act
- 1950
- Article 226 of Constitution of India
