Case Note & Summary
The petitioners, claiming to be members of the Rural Education Society Murud, challenged an order dated 20.2.2024 passed by the Deputy Charity Commissioner, Latur, directing elections of the trust's managing committee. The trust is registered under the Bombay Public Trusts Act and Societies Registration Act. Earlier, Change Reports for the term 2021-2026 were rejected by the Deputy Charity Commissioner on 5.12.2023, and an appeal was pending before the Joint Charity Commissioner. Meanwhile, 13 members filed Misc. Application No. 1138/2023 seeking elections. The petitioners sought intervention under Section 73-AA of the Maharashtra Public Trust Act, which was allowed on 12.2.2024, granting them liberty to file objections. On 20.2.2024, the matter was listed for say of the petitioners. The petitioners filed an application seeking time to file say, which was rejected. They then filed another application requesting the matter be kept for final arguments. The Deputy Charity Commissioner, at 5:30 p.m., directed the petitioners' advocate to argue the matter that day itself. The advocate could not argue due to lack of documents and instructions. At 6:00 p.m., the Deputy Charity Commissioner passed an order noting that the petitioners did not argue and proceeded to pass the impugned order directing elections among 16 members. The petitioners alleged judicial impropriety, noting that 20.2.2024 was the last day of the officer before transfer, and she had applied for relief from duty on 16.2.2024. The court examined the allegations and the affidavits filed by the officer. The court found that the procedure adopted was in haste and contrary to principles of natural justice, as the petitioners were not given a fair opportunity to present their case. The court set aside the impugned order and remanded the matter to the Deputy Charity Commissioner, Latur, for fresh consideration after hearing all parties.
Headnote
A) Administrative Law - Natural Justice - Opportunity of Hearing - Bombay Public Trusts Act, 1950, Section 73-AA - The Deputy Charity Commissioner, on her last day of duty before transfer, rejected the petitioners' application for time to file say and directed them to argue the matter on the same day, and when they could not, passed the impugned order without hearing them. Held that the procedure adopted was in haste and contrary to principles of natural justice, as the petitioners were not given a fair opportunity to present their case (Paras 6-10). B) Trust Law - Election of Managing Committee - Validity of Members - Bombay Public Trusts Act, 1950, Section 41A - The Deputy Charity Commissioner had earlier rejected Change Reports and declared only 25 valid members of the trust. In the impugned order, she directed elections among 16 surviving members. Held that the order was passed without proper adjudication of membership disputes and without hearing the interveners, and thus was unsustainable (Paras 2-4, 9-10).
Issue of Consideration
Whether the order dated 20.2.2024 passed by the Deputy Charity Commissioner directing elections of the trust was vitiated due to procedural irregularities and lack of proper opportunity of hearing to the petitioners.
Final Decision
The impugned order dated 20.2.2024 passed by the Deputy Charity Commissioner, Latur Region, Latur below Exh. 24 in Misc. Application No. 1138/2023 is quashed and set aside. The matter is remanded back to the Deputy Charity Commissioner, Latur Region, Latur for fresh consideration after hearing all parties concerned. The Deputy Charity Commissioner shall decide the matter afresh in accordance with law, without being influenced by the earlier order.
Law Points
- Natural justice
- opportunity of hearing
- judicial propriety
- Bombay Public Trusts Act
- 1950
- Section 73-AA
- Section 41A
