Smt. Lalita Panjabrao Phalke Vs Jeevan Tulshiram Phalke (Bombay High Court)
The appeals arose from disputes concerning change reports relating to the trust Chandrakant Shikshan Sanstha, Telkamptee, Nagpur, established in 1968.
Proceedings had earlier been initiated under Section 41D of the Maharashtra Public Trusts Act, 1950 for suspension, removal, and dismissal of the trust’s President and Secretary. By an order dated 30 August 2003, the Joint Charity Commissioner dismissed the proceedings after holding that the charges against the trustees were not proved. However, while dismissing the application, the Joint Charity Commissioner directed the trust to enroll new general body members through a public advertisement and thereafter conduct fresh elections.
Pursuant to these directions, applications were invited, 41 new members were enrolled, elections were conducted, and a new managing body was elected. Consequently, Change Report No.1176 of 2003 was filed. Separately, Change Report No.788 of 2000 was filed regarding vacancies created due to resignations and the death of a trustee, which were filled through a resolution passed in a general body meeting.
The Assistant Charity Commissioner rejected Change Report No.1176 of 2003 and accepted Change Report No.788 of 2000. On appeal, the Joint Charity Commissioner reversed both decisions, accepting Change Report No.1176 of 2003 and rejecting Change Report No.788 of 2000. The District Judge upheld these appellate orders, leading to the present second appeals.
