Case Note & Summary
The dispute in this Second Appeal arises from the administration of a public trust named 'Bhartiya Shikshan Sanstha, Bhisi' governed by the Bombay Public Trusts Act, 1950. The appellants, who were applicants in Scheme Application No. 126/2007, sought the removal of the existing Board of Trustees and appointment of an adhoc body. The Assistant Charity Commissioner, by order dated 14th February 2010, partly allowed the scheme application, removed the existing trustees, and appointed an adhoc body of seven persons including the appellants. However, the respondents, who were the original trustees and other interested parties, filed Misc. Civil Applications before the District Judge, who by order dated 23rd August 2010, set aside the Assistant Charity Commissioner's order and modified the scheme to include three different persons as adhoc trustees. The appellants challenged this order in the present Second Appeal. The core legal issue was whether the Assistant Charity Commissioner had the power to appoint adhoc trustees under Section 41D of the Act and whether such appointment required prior notice to all interested parties. The appellants argued that the Assistant Charity Commissioner had the jurisdiction to appoint adhoc trustees as an interim measure and that the District Judge erred in interfering with that order. The respondents contended that the appointment was made without notice and violated principles of natural justice. The High Court analyzed Section 41D and held that the Assistant Charity Commissioner has the power to appoint adhoc trustees pending finalization of a scheme, and such appointment is an interim measure not requiring prior notice to all parties. The court found that the District Judge had exceeded his jurisdiction by substituting his own choice of trustees. Consequently, the High Court allowed the appeal, set aside the District Judge's order, and restored the Assistant Charity Commissioner's order dated 14th February 2010.
Headnote
A) Bombay Public Trusts Act, 1950 - Section 41D - Appointment of Adhoc Trustees - Power of Charity Commissioner - The Assistant Charity Commissioner has the power to appoint adhoc trustees pending finalization of a scheme under Section 41D of the Act. Such appointment is an interim measure and does not require prior notice to all interested parties as it is not a final determination of rights. (Paras 1-10) B) Natural Justice - Notice - Interim Orders - The requirement of notice under principles of natural justice is not mandatory for interim orders passed under Section 41D of the Bombay Public Trusts Act, 1950, as the order is temporary and subject to final scheme. (Paras 8-10)
Issue of Consideration
Whether the Assistant Charity Commissioner has the power to appoint adhoc trustees under Section 41D of the Bombay Public Trusts Act, 1950, and whether such appointment requires prior notice to all interested parties.
Final Decision
Second Appeal allowed. Order dated 23.8.2010 passed by District Judge in Misc. Civil Application Nos.7/2010, 8/2010, 9/2010 and 16/2010 is set aside. Order dated 14th February 2010 passed by Assistant Charity Commissioner is restored.
Law Points
- Section 41D of Bombay Public Trusts Act
- 1950
- Appointment of adhoc trustees
- Power of Charity Commissioner
- Natural justice
- Notice requirement
