Case Note & Summary
The petitioners, office bearers of Gram Vikas Shikshan Sanstha, Khunari, challenged an order dated 4.4.2000 passed by the Deputy Charity Commissioner, Nagpur Sub Region, Bhandara (respondent no.1) directing them to amend the Memorandum of Association of the trust. The dispute arose after elections held on 11.12.1994 in which the petitioners were elected as office bearers, but respondent no.2 was not re-elected as President. Respondent no.2 filed an application under Section 41A of the Bombay Public Trust Act, 1950 seeking directions to restrain the petitioners from interfering in the smooth working of the society and to declare the newly elected body as illegal. The petitioners opposed the application, contending that the elections were held according to the rules. The Deputy Charity Commissioner, without any application or notice, directed the petitioners to amend the Memorandum of Association. The High Court held that the Deputy Charity Commissioner exceeded his jurisdiction under Section 41A, which only empowers him to give directions for proper administration of the trust, not to direct amendment of the Memorandum of Association. The court also noted that the order was passed without any application or notice to the petitioners, violating principles of natural justice. Consequently, the court quashed the impugned order and allowed the petition.
Headnote
A) Bombay Public Trust Act, 1950 - Section 41A - Jurisdiction of Deputy Charity Commissioner - Scope of Power - The Deputy Charity Commissioner acting under Section 41A can only give directions for proper administration of the trust and cannot direct amendment of the Memorandum of Association without any application or notice - Held that the impugned order directing amendment of the Memorandum of Association was without jurisdiction and in violation of principles of natural justice (Paras 1-5).
Issue of Consideration
Whether the Deputy Charity Commissioner under Section 41A of the Bombay Public Trust Act, 1950 has the jurisdiction to direct amendment of the Memorandum of Association of a public trust without any application or notice to the trustees.
Final Decision
The High Court allowed the writ petition and quashed the impugned order dated 4.4.2000 passed by the Deputy Charity Commissioner, Nagpur Sub Region, Bhandara.
Law Points
- Jurisdiction of Deputy Charity Commissioner under Section 41A of Bombay Public Trust Act
- 1950
- Scope of Section 41A
- Amendment of Memorandum of Association
- Natural Justice
Case Details
2016 LawText (BOM) (01) 128
WRIT PETITION No. 2852 OF 2000
B.R. Gavai, P.N. Deshmukh
Mrs. Radhika D. Raskar for petitioners, Mr. N. Patil, AGP for respondent no.1, Mr. Shashikant Borkar for respondent no.2
Asaram s/o Vithobaji Selokar and others
The Deputy Charity Commissioner, Nagpur Sub Region, Bhandara and others
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Nature of Litigation
Writ petition challenging order of Deputy Charity Commissioner directing amendment of Memorandum of Association of a public trust.
Remedy Sought
Petitioners sought quashing of the impugned order dated 4.4.2000 passed by respondent no.1 directing amendment of the Memorandum of Association.
Filing Reason
The Deputy Charity Commissioner passed an order directing amendment of the Memorandum of Association without any application or notice, which the petitioners contended was without jurisdiction.
Previous Decisions
The Deputy Charity Commissioner passed the impugned order on 4.4.2000.
Issues
Whether the Deputy Charity Commissioner under Section 41A of the Bombay Public Trust Act, 1950 has jurisdiction to direct amendment of the Memorandum of Association of a public trust.
Whether the impugned order was passed in violation of principles of natural justice.
Submissions/Arguments
Petitioners argued that the Deputy Charity Commissioner exceeded his jurisdiction under Section 41A by directing amendment of the Memorandum of Association without any application or notice.
Respondent no.2 had filed an application under Section 41A seeking directions to restrain petitioners from interfering in smooth working of the society and to declare the newly elected body as illegal.
Ratio Decidendi
The Deputy Charity Commissioner acting under Section 41A of the Bombay Public Trust Act, 1950 has no jurisdiction to direct amendment of the Memorandum of Association of a public trust without any application or notice. Such an order is without jurisdiction and in violation of principles of natural justice.
Judgment Excerpts
This petition takes exception to the impugned order dated 4.4.2000 passed by respondent no.1 vide which said respondent has directed petitioners to amend the Memorandum of Association of the trust.
In our view, the Deputy Charity Commissioner under Section 41A of the Act has no jurisdiction to direct amendment of the Memorandum of Association without any application or notice to the petitioners.
Procedural History
The petitioners filed a writ petition in the High Court of Bombay, Nagpur Bench, challenging the order dated 4.4.2000 passed by the Deputy Charity Commissioner, Nagpur Sub Region, Bhandara. The petition was heard and decided on 15.1.2016.
Acts & Sections
- Bombay Public Trust Act, 1950: Section 41A
