Case Note & Summary
The petition was filed by Dhananjay S/o. Gunwantrao Deshmukh and Navin Vidya Bhavan Teachers' Education Society (the reporting trustee) against the Deputy Charity Commissioner, Nagpur, and six other respondents. The dispute arose from an enquiry (Enquiry No.93 of 1989) regarding a change report following elections of the trust held pursuant to Supreme Court directions on 31st August 1988. The Returning Officer declared the result on 25th October 1988. The reporting trustee sought to report this result before the Charity Commissioner. On 18th January 1993, the Deputy Charity Commissioner passed an order directing the enquiry to proceed exparte against the reporting trustee due to the absence of the trustee and his advocate despite repeated calls. The reporting trustee took no steps for over six years and then filed an application (Exh.58) on 8th September 1999 seeking to set aside the exparte order and for permission to lead evidence. The Deputy Charity Commissioner rejected this application, leading to the present writ petition. The petitioners argued that the Deputy Charity Commissioner erred in observing that no steps were taken between 18.01.1993 and 21.12.1994 and that without the trustee's evidence, the enquiry would be incomplete. The respondents countered that the petitioners slept over the matter for six years and the application did not explain why the petitioner or his counsel were absent on 18.01.1993. The High Court, after hearing counsel, found that the application Exh.58 did not contain any reason for the absence on the date of the exparte order, and the only explanation was that Advocate Shende, who was appearing for the petitioner, died in 1995-96, but prior to his death he was not keeping well. The court held that the Deputy Charity Commissioner did not err in rejecting the application, as the delay was inordinate and unexplained. The petition was dismissed with no order as to costs.
Headnote
A) Charity Law - Exparte Order - Setting Aside - Delay - The Deputy Charity Commissioner rejected the application of the reporting trustee to set aside the exparte order dated 18.01.1993 and to lead evidence, as the application was filed after more than six years without any explanation for the absence on the date of the exparte order. The High Court held that the Deputy Charity Commissioner did not err in rejecting the application, as the petitioner slept over the matter for six years and the application did not contain any reason for the absence on 18.01.1993. (Paras 1-4)
Issue of Consideration
Whether the Deputy Charity Commissioner erred in rejecting the application of the reporting trustee to set aside the exparte order and permit him to lead evidence, given the inordinate delay and lack of explanation.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Delay in filing application to set aside exparte order
- lack of explanation for absence
- discretion of Charity Commissioner
- principles of natural justice
