Charity Commissioner Cannot Order Enrollment of New Trust Members as Section 41D Grants No Such Power: Bombay HC

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 ap...