1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5967 OF 2009 Chokhoba s/o Narayan Sadavarte & another .. PETITIONERS VERSUS Anand s/o Madhavrao Nerlikar & another .. RESPONDENTS Mr. N.P. Patil – Jamalpurkar, Advocate for the petitioners Mr. P.V. Mandlik, Senior Counsel instructed by Mr. M.M. Nerlikar, Advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 29 th APRIL, 2010 PER COURT : 1 Order passed under section 73(A) of the Bombay Public Trust Act directing impleadment of the respondents in the proceeding presented by the petitioners in respect of approval of the change under section 22 of the Bombay Public Trust Act, is subject matter of challenge in this petition. 2 Petitioners herein claim that some change has occurred in the constitution of the managing committee of the trust in the election held on 31-1-2008. In accordance with the change occurred, as per the petitioner, 2 change report has been presented to the Assistant Charity Commissioner for approval on 12-2-2008. During the pendency of the proceeding, an application came to be presented by the respondent herein claiming that he is the member of the trust and for some time he was also elected as the President of the managing committee of the trust. There was challenge to the change report which was approved initially and, on consideration of the objections, order passed in the change report under section 22 of the act was set aside. Said order in respect of setting aside change which was in favour of the respondent was confirmed by the District Court. Nonetheless, the fact remains that the resp. is the member of the trust and is interested in the affairs of the trust. Third party applicant / resp. therefore requested the Assistant Charity Commissioner to permit him to implead in the proceeding and raise objection in respect of the proposed change presented at the instance of the petitioner. 3 Application tendered by the respondent was opposed by the petitioner herein contending that the respondent cannot be said to be the person interested in the affairs of the trust as his induction as member of the trust itself is disputed. He has to first establish his interest and more particularly his enrollment as member of the trust and then only he can be 3 permitted to raise his objection in the pending proceeding. Learned Assistant Charity Commissioner after considering rival contentions raised by the parties has allowed the application by order dt. 4-8-2009. 4 I have perused the impugned order and heard respective counsel for the parties. Section 73 of the Bombay Public Trust Act contemplates impleadment of any person having interest in the public trust as the party to the proceeding. What is expected from a person seeking impleadment in the proceeding is to exhibit his interest in the affairs of the trust. Considering the fact that for sometime in past respondent herein was even elected as the President of the trust, that itself indicates his having interest in the affairs of the trust. According to respondent, he has been inducted as the member of the trust and prima facie evidence in that regard is placed on record. Learned Assistant Charity Commissioner was therefore justified in holding that the third party applicant has exhibited his interest in public trust which itself is sufficient for his impleadment as party to the proceeding. Order passed at the intermediate stage of the proceeding by the Assistant Charity Commissioner need not be interfered with in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance hence stands rejected. 4 5 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/wp5967.09.odt