Case Note & Summary
The petitioners, who were allowed to intervene in change report proceedings under Section 22 of the Maharashtra Public Trust Act, 1950, sought permission to cross-examine a witness who had filed an affidavit in lieu of examination-in-chief in support of the change report. The Assistant Charity Commissioner rejected the application under Ex.24 on the ground that the petitioners had no direct concern with the outcome of the change report. The petitioners challenged this order by way of a writ petition under Article 227 of the Constitution of India. The High Court considered the submissions of both sides. The petitioners argued that the proviso to Section 73 of the Act, amended in 2017, did not apply as the enquiry had commenced prior to the amendment, and alternatively, that the Assistant Charity Commissioner could not refuse an opportunity to cross-examine a witness in a heavily contested change report which must be tried as a civil suit. The respondent no.2 contended that the petitioners were not concerned with the change report and that the Assistant Charity Commissioner had discretion to refuse cross-examination. The High Court held that once a party is allowed to intervene in change report proceedings, they have a right to cross-examine witnesses, especially when the change report is heavily contested. The court set aside the impugned order and directed the Assistant Charity Commissioner to permit the petitioners to cross-examine the witness, with the condition that cross-examination be completed within two months and the proceedings be concluded within six months.
Headnote
A) Trust Law - Change Report Proceedings - Right to Cross-Examine - Section 22, Section 73 Maharashtra Public Trust Act, 1950 - Intervenor allowed in change report proceedings sought permission to cross-examine witness who filed affidavit in lieu of examination-in-chief - Assistant Charity Commissioner rejected application on ground that intervenor had no direct concern - Held that once a party is allowed to intervene and the change report is heavily contested, the intervenor has a right to cross-examine witnesses to ensure fair trial and natural justice (Paras 1-5).
Issue of Consideration
Whether an intervenor in change report proceedings under Section 22 of the Maharashtra Public Trust Act, 1950 has a right to cross-examine a witness examined in support of the change report.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 26th April, 2018, and directed the Assistant Charity Commissioner to permit the petitioners to cross-examine the witness who had filed an affidavit in lieu of examination-in-chief. The cross-examination to be completed within two months and the proceedings to be concluded within six months.
Law Points
- Right to cross-examine
- Intervenor rights
- Change report proceedings
- Maharashtra Public Trust Act
- 1950
- Section 22
- Section 73
- Natural justice
Case Details
WRIT PETITION (ST) NO. 19077 OF 2018
Mr. P.D. Bachate a/w Mr. S.B. Kulkarni for Petitioners, Mr. Rajan S. Pawar, A.G.P. for Respondent No.1, Mr. Harish Khedkar i/b Vis Legis Law Practice for Respondent No.2
Shaikh Mohd. Nadim and Patel Shaikh Imran
The Assistant Charity Commissioner, Maharashtra State, Mumbai and Mrs. Fatema Rafiq Zakaria
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging order of Assistant Charity Commissioner rejecting application for cross-examination of witness in change report proceedings under Section 22 of the Maharashtra Public Trust Act, 1950.
Remedy Sought
Petitioners sought setting aside of order dated 26th April, 2018 and permission to cross-examine the witness examined in support of the change report.
Filing Reason
The Assistant Charity Commissioner rejected the petitioners' application for cross-examination on the ground that they had no direct concern with the outcome of the change report.
Previous Decisions
The Assistant Charity Commissioner passed order dated 26th April, 2018 rejecting application Ex.24.
Issues
Whether an intervenor in change report proceedings under Section 22 of the Maharashtra Public Trust Act, 1950 has a right to cross-examine a witness examined in support of the change report?
Submissions/Arguments
Petitioners argued that the proviso to Section 73 of the Act, amended in 2017, did not apply as the enquiry commenced prior to the amendment, and alternatively, that the Assistant Charity Commissioner could not refuse an opportunity to cross-examine a witness in a heavily contested change report which must be tried as a civil suit.
Respondent no.2 submitted that the petitioners were not concerned with the change report and that the Assistant Charity Commissioner had discretion to refuse cross-examination.
Ratio Decidendi
Once a party is allowed to intervene in change report proceedings under Section 22 of the Maharashtra Public Trust Act, 1950, and the change report is heavily contested, the intervenor has a right to cross-examine witnesses to ensure a fair trial and adherence to principles of natural justice. The Assistant Charity Commissioner cannot refuse such opportunity on the ground that the intervenor has no direct concern.
Judgment Excerpts
The petitioners are admittedly allowed to intervene in the change report submitted by the reporting trustee.
The learned Assistant Charity Commissioner however rejected the said application under Ex.24 by an order dated 26th April, 2018 on the ground that the petitioners who were allowed to intervene in the said proceedings under section 22 has no direct concern for the outcome of the said change report.
In my view, once the petitioners are allowed to intervene in the said change report proceedings, the petitioners have a right to cross examine the witness examined in support of the said change report.
Procedural History
The petitioners filed a change report under Section 22 of the Maharashtra Public Trust Act, 1950. The petitioners were allowed to intervene. A witness filed an affidavit in lieu of examination-in-chief. The petitioners applied for permission to cross-examine the witness (Ex.24). The Assistant Charity Commissioner rejected the application on 26th April, 2018. The petitioners filed the present writ petition under Article 227 of the Constitution of India challenging that order.
Acts & Sections
- Maharashtra Public Trust Act, 1950: 22, 73
- Constitution of India: Article 227
