Case Note & Summary
The present appeal was filed by the original respondent Nos.1 to 6 challenging the Judgment and order dated 07.04.2017 passed by the learned District Judge-6, Nanded in Miscellaneous R.J.E. No.40/2015 under Section 72(5) of the Maharashtra Public Trusts Act, 1950, whereby the said appeal filed by the present respondents/applicants came to be allowed. The facts giving rise to the present appeal are that the applicants/appellants before the District Court were the founder members and office bearers of a Public Trust by name Priyadarshani Shikshan Sansthan, Gurphali, Tq. Hadgaon, Dist. Nanded, which runs a primary school at Hadgaon. As per the By Laws of the Trust, elections were to be held after every five years. According to the appellants, the founder secretary one Sakharam Pimparkhede had created false and fabricated documents showing resolution passed by the Managing Committee on 28.12.2008, election of Managing Committee in the said General Body meeting dated 10.01.2010 and change in the Managing Committee by way of election dated 04.02.2010. On the basis of these documents he had submitted a change report before the learned Assistant Charity Commissioner under Section 22 of the Act. The legal issues involved whether the change report was based on forged documents and whether the District Judge properly appreciated the evidence. The court's analysis focused on the need to examine the allegations of forgery and the validity of the elections. The decision was to allow the appeal and set aside the impugned order, remanding the matter for fresh consideration.
Headnote
A) Trust Law - Change Report - Section 22, Maharashtra Public Trusts Act, 1950 - Alleged forged documents and election irregularities - The dispute pertained to a change report submitted by the secretary based on alleged fabricated resolutions and elections - The court considered whether the District Judge correctly allowed the appeal without proper scrutiny of the forgery allegations - Held that the matter requires reconsideration (Paras 1-3).
Issue of Consideration
Whether the learned District Judge erred in allowing the appeal under Section 72(5) of the Maharashtra Public Trusts Act, 1950, without properly considering the alleged forgery of documents and election irregularities.
Final Decision
Appeal allowed. Impugned order set aside. Matter remanded for fresh consideration.
Law Points
- Section 72(5) of Maharashtra Public Trusts Act
- 1950
- Change report under Section 22
- Forged documents
- Election irregularities
- Burden of proof on trust
