Case Note & Summary
The petitioner, Babanrao Jawade, was the Secretary of a trust and claimed to have been acting as such since 1985. The last elections to the trust were held on 26/10/2008. The respondent no.1, Dnyaneshwar Bhoyar, filed an application under Section 41-A of the Bombay Public Trusts Act, 1950, alleging that elections were held on 10/2/2010 and that the newly elected body should be allowed to function. The Assistant Charity Commissioner, Bhandara, allowed the application by order dated 4/7/2011, restraining the petitioner from issuing any notice, circular, or letter for calling meetings of the trust as Secretary. The petitioner challenged this order by way of a writ petition under Articles 226 and 227 of the Constitution of India. The High Court noted that the Assistant Charity Commissioner had recorded that changes had occurred on 26/10/2008 and 10/2/2010, but did not go into the validity of those changes. The court observed that the impugned order was passed without considering the merits of the change report and that the newly elected body could not assume office without acceptance of the change. The court quashed the impugned order and directed the Assistant Charity Commissioner to decide the change report within three months. The petition was allowed.
Headnote
A) Bombay Public Trusts Act - Section 41-A - Interim Relief - Restraint Order - The Assistant Charity Commissioner allowed an application under Section 41-A and restrained the petitioner from issuing notices for meetings as Secretary, based on elections held on 10/2/2010. The court held that the newly elected body cannot assume office without acceptance of the change report, and the impugned order was passed without considering the validity of the elections. The order was quashed and set aside. (Paras 2-5) B) Trust Law - Change Report - Acceptance - Assumption of Office - The court observed that it is not necessary that the change should be accepted for the newly elected body to assume office, but the Assistant Charity Commissioner's order was premature as the change report was pending. The court directed the Assistant Charity Commissioner to decide the change report within three months. (Paras 4-5)
Issue of Consideration
Whether the Assistant Charity Commissioner could restrain the petitioner from acting as Secretary and allow the newly elected body to function without acceptance of the change report under Section 41-A of the Bombay Public Trusts Act, 1950.
Final Decision
The writ petition is allowed. The impugned order dated 4/7/2011 passed by the Assistant Charity Commissioner, Bhandara, is quashed and set aside. The Assistant Charity Commissioner is directed to decide the change report within three months from the date of the order. Rule is made absolute accordingly.
Law Points
- Section 41-A of Bombay Public Trusts Act
- 1950
- Interim relief
- Change report
- Assumption of office
- Prima facie case
