Case Note & Summary
The Bombay High Court, Nagpur Bench, dismissed a writ petition filed by eleven individuals challenging an order of the Assistant Charity Commissioner, Amravati, which had granted permission under Section 51 of the Maharashtra Public Trust Act, 1950 to respondents 2 to 5 to institute a civil suit. The dispute centred on the scope of enquiry permissible at the stage of granting such permission. The petitioners, who were likely other trustees or interested persons, contended that the Assistant Charity Commissioner failed to conduct a proper enquiry as required by Section 51. They further argued that the prayers sought in the proposed suit could not be granted in view of an earlier judgment in Regular Civil Appeal No. 244 of 1998 and a scheme framed in Application No. 27 of 1993 which had been affirmed up to the High Court. Additionally, they submitted that the reliefs could be sought under Sections 41D and 41E of the Act and that respondents 2 to 5 had already filed an application under Section 47D seeking similar reliefs which was dismissed by the Joint Charity Commissioner. The State supported the impugned order. The Court examined the parameters of Section 51 enquiry and held that the Charity Commissioner’s jurisdiction is limited to verifying whether the suit proposed falls within the categories specified in Section 50 and whether a prima facie case exists. The Commissioner cannot decide whether the civil court will ultimately grant the reliefs or whether the claim is barred by res judicata; these are matters for the civil court. The petitioners did not point out any specific irregularity in the enquiry, nor did they dispute that the suit was of a nature covered by Section 50. The Court found that the Assistant Charity Commissioner had conducted the necessary enquiry to be satisfied about the existence of a prima facie case. Consequently, the writ petition was dismissed, rule discharged, and parties were directed to bear their own costs.
Headnote
A) Trusts and Charities - Permission to File Suit - Scope of Enquiry under Section 51 - Maharashtra Public Trust Act, 1950, Sections 50, 51 - The Assistant Charity Commissioner must determine if the proposed suit is of the nature specified in Section 50 and if a prima facie case exists in favour of the applicants. The Commissioner cannot examine whether the civil court will grant the reliefs or whether the suit is barred by res judicata. Held that the impugned order conducted proper enquiry under Section 51 and no interference was required (Paras 5-6).
Issue of Consideration
Whether the Assistant Charity Commissioner properly conducted enquiry under Section 51 of the Maharashtra Public Trust Act, 1950 before granting permission to file suit, and whether the proposed suit is barred considering earlier proceedings.
Final Decision
Writ petition dismissed. Rule discharged. Parties to bear their own costs.
Law Points
- Scope of enquiry under Section 51 of Maharashtra Public Trust Act
- 1950
- Charity Commissioner’s jurisdiction limited to ascertaining whether suit falls under Section 50 and whether prima facie case exists
- Commissioner cannot examine merits
- res judicata
- or grant of reliefs
- civil court’s domain over reliefs
Case Details
2015 LawText (BOM) (06) 120
WRIT PETITION NO.2762/2007
A.J. Gilda, K.L. Dharmadhikari
Govind s/o Ramsingh Rathod & Ors.
Assistant Charity Commissioner, Amravati Region & Ors.
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Assistant Charity Commissioner granting permission under Section 51 of the Maharashtra Public Trust Act, 1950 to file a civil suit.
Remedy Sought
Petitioners sought to quash the Assistant Charity Commissioner's order dated not specified, which allowed respondents 2 to 5 to institute a civil suit.
Filing Reason
Petitioners contended that the Assistant Charity Commissioner did not conduct proper enquiry, the proposed suit was barred by earlier court orders and a scheme, and the reliefs could be sought under other provisions of the Act.
Previous Decisions
Earlier, a scheme was framed in Application No. 27/1993 on 30th July 1994 and maintained up to the High Court. A judgment was passed in Regular Civil Appeal No. 244/1998 on 7th January 1999. Respondents 2 to 5 had filed an application under Section 47D of the Act which was dismissed by the Joint Charity Commissioner.
Issues
Whether the Assistant Charity Commissioner properly conducted enquiry under Section 51 of the Maharashtra Public Trust Act, 1950 before granting permission to file suit.
Whether the proposed civil suit is barred in view of earlier proceedings and whether the reliefs sought can be granted by the civil court.
Submissions/Arguments
Petitioners argued that the Assistant Charity Commissioner did not conduct proper enquiry as required by Section 51; the prayers in the proposed suit could not be granted in light of the earlier judgment and scheme; the suit was barred because the reliefs could be sought under Sections 41D and 41E of the Act; and a previous application under Section 47D was dismissed.
Respondent No. 1 (State) supported the impugned order.
Ratio Decidendi
Under Section 51 of the Maharashtra Public Trust Act, 1950, the Charity Commissioner must conduct an enquiry to satisfy himself whether a prima facie case exists in favour of the applicant and whether the proposed suit is of the nature specified in Section 50. The Commissioner has no jurisdiction to examine whether the civil court will grant the reliefs or whether the suit is barred by res judicata; those questions fall within the domain of the civil court.
Judgment Excerpts
While conducing the enquiry under Section 51 of the Act of 1950, the Charity Commissioner will not have jurisdiction to examine as to whether the civil Court would be able to grant the relief which may be sought in the proposed suit. Whether the prayers made in the proposed suit can be granted or not will fall within the domain of the civil Court.
The provisions of Section 51 of the Act of 1950 lays down that the Charity Commissioner shall conduct the enquiry as he thinks fit to get satisfied as to whether a prima facie case exists in favour of the applicants to enable them to file the civil suit for the redressal of their grievance.
Procedural History
Respondents 2 to 5 filed an application under Section 51 of the Maharashtra Public Trust Act, 1950 before the Assistant Charity Commissioner, Amravati, seeking permission to institute a civil suit. The Assistant Charity Commissioner allowed the application. Petitioners, aggrieved, filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court.
Acts & Sections
- Maharashtra Public Trust Act, 1950: 50, 51, 41D, 41E, 47D
