1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Letters Patent Appeal No. 269/2006 in Writ Petition No. 4473/2003 (decided) Narayan Ganpati Wandile & ors. ..vs.. Damodardas Kanhaiyalal Rathi and others WITH Letters Patent Appeal No. 168/2008 in Writ Petition No. 4473/2003 (decided) Anil Champalal Choudhary & ors. ..vs.. Damodhardas Kanhaiyalal Rathi and others WITH Letters Patent Appeal No. 247/2006 in Writ Petition No. 4106/2003 Nawalchand Champalal Choudhari and another ..vs.. Jt. Charity Commissioner, Nagpur and anr. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. M. V. Samarth, Advocate for appellant nos. 5 & 7 Mr. S. P. Bhandarkar, Advocate for appellant. Mr. R. L. Khapre, Advocate for respondent no.1 Mr. T. A. Kanakale, A.G.P. for respondent nos. 5 and 6. Mr. S.V.Manohar with Mr. M. R. Johrapurkar, Advocates for respondent nos. 7 to 10. CORAM: S. A. BOBDE & F. M. REIS,JJ. DATED : 23 rd APRIL, 2009 1. Heard learned counsel for the parties. 2. ADMIT. 3. The matter is taken up for final hearing. After hearing the matter for some time, it appears that the matter can be resolved by giving following directions:- 2 (i) The directions of learned Single Judge in paragraph no. 22 of the judgment are hereby upheld. As a result, the existing trustees shall continue to manage the affairs of the Trust as ad hoc body till the Jt. Charity Commissioner appoints other trustees so as to enable to the Executive Committee to meet and to conduct its affairs. This shall be done by Jt. Charity Commissioner in exercise of powers under Section 47 of the Bombay Public Trusts Act. Till the elections for constitution of Executive Committee are held, the existing Managing Committee shall continue to function as ad hoc committee and shall not take any major policy decisions and shall look after only day-to-day affairs. In view of the aforesaid directions, it is not necessary to decide whether the Assistant Charity Commissioner has powers or duty to refer any matter to the Jt. Charity Commissioner for decision. (ii) Upon nomination of requisite number of members of the Executive Committee, as stipulated in paragraph no. 23 of the judgment of the learned Single Judge, the Executive committee shall chalk out the 3 election programme and arrange to hold elections as per the Constitution and the Executive Committee shall complete the said exercise within a period of three months thereafter. (iii) We make it clear that the Jt. Charity Commissioner, while exercising powers under Section 47 of the Bombay Public Trusts Act, shall consider whether it is necessary to exercise powers and, if so, in what manner, for appointment of the trustees. The Jt. Charity Commissioner shall hear three founder trustees, whose names are mentioned in Schedule-I before taking any decision. (iv) Letters Patent Appeals stand disposed of accordingly. No order as to costs. JUDGE JUDGE kahale