Case Note & Summary
The present petition was filed by Mr. Minoo Rustomji Shroff and others seeking modification of the scheme for the election of trustees of the Parsee Panchayat Trust, which was originally settled by the Bombay High Court in Suit No. 689 of 1906 on 18 June 1910 and amended from time to time. The scheme provides for an Electoral College known as the Anjuman Committee, consisting of two streams: donor members (who become members by donating a specific sum) and general members (Parsees registered in the General Register). The petitioners sought to reduce the number of donor members from 12 to 7 and increase general members from 12 to 17. The court examined the history of the scheme and the proposed amendments. The respondents, including the Charity Commissioner and intervenors, opposed the petition. The court held that the proposed amendments would fundamentally alter the character of the trust and were not in the interest of the trust. The court noted that the petitioners failed to demonstrate any necessity for the amendment or that the existing scheme was not working properly. The court dismissed the petition, finding no grounds to modify the scheme.
Headnote
A) Trust Law - Scheme Modification - Parsee Panchayat Trust - Anjuman Committee Composition - The petition sought amendment of the scheme to reduce donor members from 12 to 7 and increase general members from 12 to 17, but the court held that such alteration would fundamentally change the character of the trust and was not in the interest of the trust. (Paras 1-10) B) Trust Law - Charitable Trusts - Section 50 of the Bombay Public Trusts Act, 1950 - The court has power to modify a scheme only if it is necessary for the proper administration of the trust, and the proposed changes must be in the interest of the trust. The court found that the petitioners failed to demonstrate any necessity for the amendment. (Paras 5-8) C) Trust Law - Electoral College - Donor Members - The scheme provides for two streams of members in the Anjuman Committee: donor members and general members. The court held that the donor members have a special status and reducing their number would be contrary to the original scheme. (Paras 2-4)
Issue of Consideration
Whether the scheme for the election of trustees of the Parsee Panchayat Trust, settled in 1910 and amended from time to time, should be further amended to alter the composition of the Anjuman Committee by reducing the number of donor members and increasing the number of general members.
Final Decision
The petition is dismissed. The court held that the proposed amendments are not in the interest of the trust and would fundamentally alter the character of the scheme. No order as to costs.
Law Points
- Trust law
- Scheme modification
- Charitable trusts
- Parsee Panchayat Trust
- Anjuman Committee
- Electoral College
- Donor members
- General Register
- Section 50 of the Bombay Public Trusts Act
- 1950
