Bombay High Court
Pravin Indarchand Rathod And Anr vs The Joint Charity Commissioner, Chh. ... on 13 June, 2025
2025:BHC-AUG:15520 1 913-FA.845-24+1 (oral jud).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO.845 OF 2024
WITH
CIVIL APPLICATION NO. 2932 OF 2024
IN FA/845/2024
1. Mr. Pravin S/o Indarchand Rathod,
Age : 41 Years, Occu. : Service,
R/o Bramhani Garada, Tq. Kannad,
Dist. Chhatrapati Sambhajinagar.
2. Mr. Sandip S/o Indarchand Rathod,
Age : 32 years, Occu. : Service,
R/o Bramhani Garada, Tq. Kannad,
Dist. Chhatrapati Sambhajinagar. ... Appellants
(Orig Applicants)
VERSUS
1. The Joint Charity Commissioner,
Chhatrapati Sambhajinagar Region,
Chhatrapati Sambhajinagar.
2. Mr. Punamchand S/o Gurudayalsing Rathod,
Age : 58 years, Occu.: Service,
R/o Bramhani Garada, Tq. Kannad.
Dist. Chhatrapati Sambhajinagar. ... Respondents
(Orig Respondents)
...
Advocate for Appellants : Mr. P. D. Bachate h/f Mr. Khot A. D.
AGP for Respondent/s-State : Mr. D. B. Bhange.
Advocate for Respondent No.2 : Mr. Amol D. Lipne.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 13.06.2025
ORAL JUDGMENT :-
1. Learned counsel tenders on record affidavit-in-reply.
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2. Heard both sides finally at the admission stage.
3. Appellants have approached this Court against order
dated 02.02.2024 passed below Exh.4 in application No.18 of
2023 rejecting their application for temporary injunction
restraining respondent No.2 from posing himself to be the
Secretary of Trust in question. Parties have rival claims for the
office and administration to the trust namely "Kai,
Gurudayalsing Rathod Magasvargiya Shikshan Sanstha,
Bramhani Garada, Taluka Kannad, District Chhatrapati
Sambhajinagar. The substantive application No.18 of 2023
filed by the appellants under Section 41-E of Maharashtra
Public Trusts Act (hereinafter referred to as "Act" for the sake
of brevity and inconvenience) is still pending before Joint
Charity Commissioner, Chhatrapati Sambhajinagar.
4. It's a case of the appellants that they are office bearers of
the trust in question. Respondent No.2 was member of the
trust and Secretary. The last change report was for the period
of 2021 to 2026 bearing Change Report No.159 of 2021 and it
was approved on 13.08.2021. The activities of respondent
No.2/Secretary were detrimental to the interest of the trust
and appellants were constrained to take decision to remove
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him from the membership as well as secretaryship. According
to that, in pursuance of the requisition from the members of
the trust, agenda was issued on 30.01.2023 and a meeting was
conveyed on 11.02.2023. In the meeting, resolution was
passed removing respondent No.2 from the membership as
well as secretaryship. Thereafter, in general body meeting
conveyed on 02.03.2023, new Secretary was appointed i.e.
applicant No.1 Pravin Indarchand Rathod. A Change Report
No.104 of 2023 is submitted which is subjudiced before the
competent authority.
5. Learned counsel Mr. Bachate appearing for the
appellants submits that respondent No.2 ceased to be member
as well as secretary of the trust from 11.02.2023 and despite
that he is making representations to the various authorities in
the capacity of secretary. The representations placed on record
to show that administration of the trust is hampered because of
the misrepresentations and obstacles of the respondents. It is
submitted by learned counsel that respondent No.2 did not
challenge his removal before the competent authority. Unless
his removal is quashed by the competent authority, it is not
permissible for him to pose himself as a Secretary.
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6. The trust runs two schools and hostels which are
amenable to the grants and therefore there is surveillance and
check of the Government authorities on the administration of
the trust. Because of the conduct of respondent No.2, the
administration is hampered which was a cause for approaching
Joint Charity Commissioner by application No.18 of 2023
under Section 41-E of the Act.
7. Learned counsel would further submit that learned Joint
Charity Commissioner committed error of jurisdiction in
devoting impugned order mainly to the point of the validity of
the removal of respondent No.2 which was not fact in issue.
The findings recorded by Joint Charity Commissioner are
extraneous for considering the relief sought by the appellants.
He would further urge that finding recorded in paragraph
No.17 is against law laid down by the High Court in the matter
of Chembur Trombay Education Society and others Vs. D. K.
Marathe and others.
8. Per contra, Mr. Amol Lipne appearing for respondent
No.2 would repel the submissions of the appellants on the
basis of the affidavit-in-reply. He would submit that respondent
No.2 is actively administering the trust in the capacity of
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members since 1991 and he was approved as a Secretary for
the period of 2021 to 2026. It is submitted that appellants
wanted to take over the management. To exclude respondent
No.2 arbitrary action was shown to have been taken vide
resolution dated 11.02.2023. It is submitted that there was no
transparency in the administration that and appellants are
responsible for that. They made illegal appointments.
Respondent No.2 made complaint to the competent authority
against the appointments. He would point out that agenda of
the meeting dated 30.01.2023 does not spell out subject of
removal of respondent No.2. The venue of the meeting was
deliberately kept at the residence of the appellants. No
opportunity was given to respondent No.2. He would further
submit that respondent No.2 is performing his duty as per bye-
law No.12.
9. I have considered rival submissions of the parties.
Present appeal is directed against rejection of interim
application for injunction. Substantive application under
Section 41-E is pending before Joint Charity Commissioner.
10. A resolution was passed on 11.02.2023 preceded by
agenda dated 30.01.2023, removing respondent No.2. The bye-
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law pressed into service discloses provision for removals of
member vide Rule No.16. Thereafter, appellant No.1 is
appointed as a Secretary and change report is submitted which
is pending. The removal of respondent No.2 has not been
questioned before the competent Court. The contents of the
affidavit-in-reply, submissions of the learned counsel for
respondent and the findings recorded by the Joint Charity
Commissioner are focused on arbitrariness and illegality
committed by the appellants in terminating the membership or
secretaryship. Unless the removal is challenged before the
Competent Forum, neither this Court nor the Joint Charity
Commissioner are competent to deal with the said issue. It
would be open for respondent No.2 to challenge the removal.
Unless and until his termination is either stayed or quashed by
the competent authority, he cannot pose himself to be the
Secretary of the trust.
11. Respondent No.2 has been terminated from the
membership and new person has been appointed. A change
report No.104 of 2023 is subjudiced. The change has already
taken place, rightly or wrongly and that would be the subject
to the decision of competent authority under Section 22 of the
Act. Therefore, new Secretary has been in place and prima
7 913-FA.845-24+1 (oral jud).odt
facie respondent No.2 has no authority to pose himself to be
the Secretary.
12. The correspondence placed on record by the appellants
made by respondent No.2 to the Bank and various Authorities
would be misrepresentation because he ceased to be the
Secretary of the trust.
13. Respondent No.2 would be at liberty to approach
competent authority and solicit appropriate orders challenging
his termination. I do not propose to express any opinion
regarding validity of his termination and that would be left to
the discretion of the competent authority. However, it needs to
be clarified that respondent No.2 cannot pose himself to be the
Secretary of the trust unless and until effective orders are
solicited from the competent authority.
14. First appeal is allowed partly.
15. Judgment and order dated 02.02.2024 passed by the
Joint Charity Commissioner below Exh.4 in application No.18
of 2023 is quashed and set aside.
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16. Respondent No.2 shall be at liberty to agitate
removal/termination of his membership or secretaryship before
the competent authority and all points are kept open.
17. Unless and until the termination/removal of respondent
No.2 is stayed or quashed and set aside, respondent No.2 is
restrained from claiming himself to be Secretary or the
member of the trust and restrained from representing so.
18. Pending civil application stands disposed of accordingly.
(SHAILESH P. BRAHME, J.)
...
vmk/-
