Case Note & Summary
The petitioner, Nilkanth Vitthalrao Kodhe, filed a writ petition challenging the validity of a scheme framed for the management and administration of 'Shree Ganpati Mandir, Adasa', a public trust. The scheme, originally framed in Civil Suit No.4/1969, provided that the number of trustees shall not be less than seven and not more than nine, and that at least two trustees shall be salaried officers of the Government, namely the Civil Judge, Junior Division, Saoner, and the Tahsildar, Saoner, as ex-officio trustees. The petitioner contended that the inclusion of government officers as ex-officio trustees was illegal and contrary to the provisions of the Bombay Public Trusts Act, 1950. The court examined the scheme and the relevant provisions of the Act, particularly Section 50A which empowers the framing of schemes. The court noted that the Act does not contain any prohibition against the inclusion of government officers as trustees. The court held that the scheme was valid and that the inclusion of ex-officio trustees was permissible. The court dismissed the petition, upholding the scheme as framed.
Headnote
A) Public Trusts - Scheme of Management - Ex-Officio Trustees - Bombay Public Trusts Act, 1950, Section 50A - Validity of inclusion of government officers as ex-officio trustees - The court considered whether a scheme framed under Section 50A of the Bombay Public Trusts Act, 1950 can include salaried government officers as ex-officio trustees. The court held that there is no prohibition in the Act against such inclusion and that the scheme provisions are valid. The court dismissed the petition challenging the scheme. (Paras 1-8)
Issue of Consideration
Whether the inclusion of salaried government officers (Civil Judge and Tahsildar) as ex-officio trustees in a scheme framed under the Bombay Public Trusts Act, 1950 is valid and legal.
Final Decision
The court dismissed the writ petition, upholding the scheme as valid.
Law Points
- Scheme of management for public trust
- Ex-officio trustees
- Bombay Public Trusts Act
- 1950
- Section 50A
- Power to frame scheme
- Validity of scheme provisions
Case Details
2015 LawText (BOM) (02) 139
Writ Petition No.6302 of 2014
Shri Akshay Naik for Petitioner, Shri Neeraj Patil AGP for Respondent No.2, Shri R.L. Khapre for Respondent Nos.3 and 4
Nilkanth Vitthalrao Kodhe
The Civil Judge, Junior Division & JMFC, Kalmeshwar and others
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Nature of Litigation
Writ petition challenging the validity of a scheme for management of a public trust.
Remedy Sought
Petitioner sought to quash the scheme provisions that include government officers as ex-officio trustees.
Filing Reason
Petitioner contended that inclusion of salaried government officers as ex-officio trustees is illegal.
Previous Decisions
The Deputy Charity Commissioner partly allowed an application for framing a fresh scheme by order dated 08.05.2013.
Issues
Whether the inclusion of government officers as ex-officio trustees in a scheme under the Bombay Public Trusts Act, 1950 is valid.
Submissions/Arguments
Petitioner argued that the scheme provision making government officers ex-officio trustees is illegal and contrary to the Act.
Respondents supported the scheme as valid and within the powers under the Act.
Ratio Decidendi
The Bombay Public Trusts Act, 1950 does not prohibit the inclusion of government officers as ex-officio trustees in a scheme of management. The scheme framed under Section 50A is valid.
Judgment Excerpts
In Civil Suit No.4/1969, a Scheme was framed for management and administration of 'Shree Ganpati Mandir, Adasa', a Public Trust bearing PTR No.A/219(Nag).
As per Clause7 of the said Scheme, the number of trustees shall not be less than seven and not more than nine.
At least two trustees have to be salaried officers of the Government, who shall be the Civil Judge, Junior Division, Saoner, and the Tahsildar, Saoner, to be the ex officio trustees.
Procedural History
The scheme was originally framed in Civil Suit No.4/1969. An application under Section 50A(3) of the Bombay Public Trusts Act, 1950 for framing a fresh scheme was filed on 16.10.2010, partly allowed by the Deputy Charity Commissioner on 08.05.2013. The petitioner filed the present writ petition challenging the scheme.
Acts & Sections
- Bombay Public Trusts Act, 1950: Section 50A
