Case Note & Summary
The petitioner, Ashok Shreekrishna Beharay, filed a writ petition challenging an order dated 2nd April 2025 passed by the Joint Charity Commissioner, Pune, rejecting his application under Section 73A of the Maharashtra Public Trust Act, 1950 for impleadment as a party to proceedings under Section 36A(3) of the same Act. The petitioner claimed to be a member of respondent No.2, the Maharashtra Technical Education Society, which is a trust registered under the Trust Act. The proceedings under Section 36A(3) related to the appointment of trustees. The Joint Charity Commissioner rejected the impleadment application without assigning adequate reasons. The High Court, after hearing the parties, held that a member of a trust has a legitimate interest in proceedings affecting the trust's administration and is entitled to be heard. The court set aside the impugned order and directed the Joint Charity Commissioner to decide the application afresh, in accordance with law, after giving an opportunity of hearing to the petitioner. The court emphasized that Section 73A is a procedural provision intended to facilitate participation of interested persons and should be construed liberally. The petition was allowed with no order as to costs.
Headnote
A) Trust Law - Impleadment of Member - Section 73A read with Section 36A(3) of the Maharashtra Public Trust Act, 1950 - The petitioner, a member of the trust, sought impleadment in proceedings under Section 36A(3) for appointment of trustees. The Joint Charity Commissioner rejected the application. The High Court held that a member has a right to be heard in such proceedings and the application for impleadment ought to have been allowed. The impugned order was set aside and the matter remanded for fresh consideration. (Paras 2-4) B) Trust Law - Natural Justice - Right of Member to be Heard - Section 73A of the Maharashtra Public Trust Act, 1950 - The court observed that the provisions of Section 73A are intended to enable persons interested in the trust to participate in proceedings. Rejection of such application without considering the member's interest violates principles of natural justice. (Para 4)
Issue of Consideration
Whether the Joint Charity Commissioner erred in rejecting the petitioner's application under Section 73A of the Maharashtra Public Trust Act, 1950 for impleadment as a party to proceedings under Section 36A(3) of the same Act.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 2nd April 2025, and directed the Joint Charity Commissioner to decide the application under Section 73A afresh, in accordance with law, after giving an opportunity of hearing to the petitioner. Rule made absolute. No order as to costs.
Law Points
- Right of a member to be impleaded in proceedings under Section 36A(3) of the Maharashtra Public Trust Act
- 1950
- Section 73A of the Maharashtra Public Trust Act
- Principles of natural justice
- Liberal construction of procedural provisions for impleadment
