National Egg Co-Ordination Committee A Public Charitable Trust Vs State of Maharashtra (Bombay High Court)
Material Facts
The petitioner, a public charitable trust registered under the Maharashtra Public Trusts Act, 1950 (MPT Act), challenged an order dated 14 September 2023 passed by the Joint Charity Commissioner directing deletion of the word “National” from its name in suo motu revision proceedings under Section 70A of the MPT Act. The proceedings originated from a complaint filed in 2018 alleging that use of the word “National” created an impression that the petitioner was a Government entity and that the egg prices declared by it carried official sanction. The complaint relied on Section 3 and Item 7 of the Schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950. An inquiry initiated under Section 37 of the MPT Act concluded that deletion of the word “National” was outside the scope of Section 37 and recommended exercise of revisional powers under Section 70A, leading to the impugned order.
Procedural History
The petitioner responded to the inquiry and raised objections regarding jurisdiction, maintainability and merits. The complainant was impleaded in the revision proceedings. The Joint Charity Commissioner rejected the objections and directed deletion of the word “National” from the trust’s name. The petitioner challenged that order before the Bombay High Court.
