Vikas Shikshan Prasarak Mandal v. Joint Charity Commissioner, Kolhapur Region And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10451 OF 2024 Vikas Shikshan Prasarak Mandal
...Petitioner
Versus
Joint Charity Commissioner, Kolhapur Region And Ors
...Respondent
ALONG WITH WRIT PETITION NO. 10452 OF 2024 Vikas Shikshan Prasarak Mandal
...Petitioner
Versus
Joint Charity Commissioner, Kolhapur Region And Ors.
...Respondents
....
Dr. Uday Warunjikar A/W Mr. Sumit s. Kate, Mr. Siddhesh Pilankar for the Petitioner.
Ms. Aloka A. Nadkarni, A.G.P. for the Respondent - State in WP No.10451/2024 Mr. R. S. Pawar, A.G.P. for the Respondent - State in WP No.10452/2024 ....
CORAM
:
AVINASH G. GHAROTE, J.
DATE :
2nd AUGUST, 2024 P.C.
:
1.
Heard Dr. Uday Warunjikar, learned counsel for the petitioner.
2.
The petition questions the order dated 29.05.2024 passed by SAJAKALI LIYAKAT JAMADAR Date:
2024.08.02 17:22:42 +0530 SAJAKALI LIYAKAT JAMADAR
by the the learned Joint Charity Commissioner (Page-66) whereby the order dated 28.05.2021 passed by the the Assistant Charity Commissioner, accepting the Change Report No.1662/2020, which seeks to increase the number of trustees from 11 to 15 (Page-58), has been set aside on the ground that the order is a cryptic one and the notice of meeting dated 28.07.2016 is without any requisition for summoning the meeting dated 28.07.2016. 3.
Though Mr. Warunjikar, learned counsel for the petitioner invites my attention to page-14, that however, is not a requisition but the notice of the meeting. The order below Exhibit-1 in Change Report No.1662/2020 (Page-55) also does not indicate any requisition.
3.
In view of the amended provision of Section 22(1A) of the Maharashtra Public Trust Act, and the provisos thereto since they reflect deeming effect it would be necessary for the authorities to ensure that the entire process as required is strictly adhered to. In the present matter, the learned Joint Charity Commissioner has allowed the appeal on the ground that there is no requisition placed on record for the purpose of summoning the meeting dated 28.07.2016 to consider the amendment. The learned
counsel for the petitioner therefore seeks some time to place on record the requisition by the members of the trust on the basis of which the meeting aforesaid wherein the amendment to the bye laws is claimed to have been passed.
4.
The order dated 06.04.2024 passed by the learned Joint Charity Commissioner is extended for a period for one week more.
5.
List the matter on 09.08.2024.
(AVINASH G. GHAROTE, J.)