Case Note & Summary
The petitioner, a trustee of a public trust, challenged an order of the Joint Charity Commissioner-II, Pune, which had dismissed his revision application against the approval of a change report altering the trust name. The dispute concerned a public trust originally registered as 'Congress Bhavan Trust, Kopargaon' in 1987. The trust was formed by members of the Indian National Congress to promote party activities and owned properties purchased through party member donations. In 2018, a resolution was passed to change the trust name to 'Shri Saibaba Trust, Kopargaon', and Change Report No.1292 of 2018 was filed before the Deputy Charity Commissioner. The Deputy Charity Commissioner approved the change on 09-12-2019 without notice to the petitioner. The petitioner filed a revision under Section 70-A of the Maharashtra Public Trust Act, 1950, alleging that the change was procedurally defective, violated natural justice, and effectively altered the trust's object from political to religious. The Joint Charity Commissioner dismissed the revision on 30-07-2024, leading to the writ petition. The petitioner argued that Section 22 was wrongly invoked instead of Section 50-A, that no paper publication or notice was given, and that the original trust name denoted its object of promoting Indian National Congress activities. The respondents contended that change in name is permissible under Section 22 read with Section 17 and the relevant rules, that no provision requires public notice, that inquiry was duly conducted, and that the petitioner lacked locus standi. The Assistant Government Pleader supported the respondents. The High Court heard the matter for final disposal but the provided text does not include the final operative order or reasoning.
Headnote
A) Charity Law - Change of Name of Public Trust - Sections 17, 22, Maharashtra Public Trust Act, 1950 - Whether change in trust name is permissible; petitioner argued original name denotes object of trust and change to religious name de-effect object; respondents contended permissible under Section 22 read with Section 17 and Rules 5, 8, 13; no final determination mentioned in provided text (Paras 5-6).
B) Administrative Law - Natural Justice - Section 22, Maharashtra Public Trust Act, 1950 - Petitioner alleged no paper publication or notice; respondents asserted no provision requires public notice; court's final reasoning not mentioned in available text (Paras 5-6).
C) Civil Procedure - Locus Standi - Section 70-A, Maharashtra Public Trust Act, 1950 - Respondents challenged petitioner's locus standi to file revision; no court finding provided in available text (Para 6).
D) Statutory Interpretation - Applicability of Section 50-A vs Section 22 - Maharashtra Public Trust Act, 1950 - Petitioner contended Section 50-A applicable, not Section 22; respondents called reference misconceived; no final determination in available text (Paras 5-6).
Issue of Consideration
Whether change in the name of a public trust is permissible under the Maharashtra Public Trust Act, 1950; whether procedure under Section 22 was properly followed for change report; whether Section 50-A of the Act applied instead of Section 22; whether principles of natural justice were violated due to lack of notice and paper publication; whether petitioner had locus standi to file revision under Section 70-A
Law Points
- Change in name of public trust permissible under Section 22 read with Section 17 of Maharashtra Public Trust Act
- 1950
- no public notice required unless prescribed
- revision under Section 70-A
- locus standi necessary to maintain revision
- natural justice must be observed in inquiry
Case Details
2026 LawText (BOM) (08) 133
WRIT PETITION NO. 10761 OF 2024
2026:BHC-AUG:38784, CNR No. HCBM030341292024
Ajinkya Kale for Petitioner; R. K. Ingole for Respondent No.4; Ganesh Asaram Gadhe for Respondent Nos.1 to 3
Ashokrao Shankarrao Kale, Ashutosh Ashokrao Kale, Chaitali Ashokrao Kale, Deputy Charity Commissioner, Ahmednagar
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Nature of Litigation
Writ petition challenging order of Joint Charity Commissioner-II, Pune dated 30-07-2024 in Revision Application No.67 of 2022, which upheld approval of Change Report No.1292 of 2018 changing the name of public trust from 'Congress Bhavan Trust, Kopargaon' to 'Shri Saibaba Trust, Kopargaon'.
Remedy Sought
Petitioner sought to quash and set aside Change Report No.1292 of 2018 and orders passed by Assistant Charity Commissioner and Joint Charity Commissioner, restoring original trust name.
Filing Reason
Petitioner alleged that change of trust name was effected without notice, by invoking wrong section, and that new name effectively changed the trust's object from political to religious, contrary to original constitution.
Previous Decisions
Deputy Charity Commissioner approved Change Report No.1292 of 2018 by order dated 09-12-2019; Joint Charity Commissioner-II, Pune dismissed Revision Application No.67 of 2022 by order dated 30-07-2024.
Issues
Whether change in the name of a public trust is permissible under the Maharashtra Public Trust Act, 1950
Whether procedure under Section 22 of the Act was properly followed for change report
Whether Section 50-A of the Act, rather than Section 22, applied to change of name
Whether principles of natural justice were violated due to lack of notice and paper publication
Whether petitioner had locus standi to file revision under Section 70-A of the Act
Submissions/Arguments
Petitioner: Change report allowed without notice or paper publication, violating natural justice.
Petitioner: Section 22 was wrongly invoked; Section 50-A should apply.
Petitioner: Change in name de-effect object of trust, converting political trust into religious trust.
Petitioner: Original trust was formed to promote Indian National Congress activities; new name denotes religious trust.
Respondents: No legal or procedural defect in approval of Change Report No.1292 of 2018.
Respondents: Change in name permissible under Section 22 read with Section 17 and Rules 5, 8, 13, Schedule I.
Respondents: No provision requires public notice in newspaper for change of trust name.
Respondents: Inquiry under Section 22 duly conducted and revision rightly approved under Section 70-A.
Respondents: Petitioner lacked locus standi to file revision.
Respondents: Reliance on Section 50-A is misconceived.
Assistant Government Pleader echoed submissions of respondent nos.1 to 3 and asserted no procedural defect.
Judgment Excerpts
Change in the name of a Public Trust is the subject-matter of the Petition.
The Trust itself was formed with an objection of promoting the activities of Indian National Congress, and none else.
No provision requires a public notice to be published in newspaper for effecting change in the trust name.
Rule. Rule made returnable forthwith.
Procedural History
Public trust 'Congress Bhavan Trust, Kopargaon' registered on 29-09-1987; scheme application No.06 of 2002 allowed on 28-06-2002; Change Report No.451 of 2016 allowed incorporating respondents as trustees; resolution dated 22-04-2018 passed to change name; Change Report No.1292 of 2018 filed and approved on 09-12-2019; Revision Application No.67 of 2022 dismissed on 30-07-2024; Writ Petition No.10761 of 2024 filed before Bombay High Court, Aurangabad.
Acts & Sections
- Maharashtra Public Trust Act, 1950: Section 17, Section 22, Section 50-A, Section 70-A; Rules 5, 8, 13, Schedule I
