1 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.2993 OF 2003. Sharda Bhavan Education Society, Nanded, Dist. Nanded. through its Secretary Shri Shahajirao Khanderao Nimbalkar, Age 78 years, Occ.Tax Consultant, R/o Vazirabad, Nanded. ... Petitioner. Versus 1.Kondrao Manoharrao Deshkukh (since deceased died during pendency of the matter before the Additional District Judge. However, nobody was brought on record in his place). 2. B.G.Phalak, Age 70 years, Occ.Chartered Accountant, R/o Phule Nagar, Nanded. (Died on 14.8.2000. Amended as per Court's order dated 8.4.2009 in C.A.No.5521/2009). 3. Joint Charity Commissioner, Region Aurangabad, Office at Adalat Road, Aurangabad. ... Respondents. 2 ... Mr.R.R.Mantri, advocate for the petitioner. Mr.D.V.Tele, A.G.P.for the Respondent No.3. ... CORAM : V.R.KINGAONKAR,J. Date : 10.07.2009. ORAL JUDGMENT 1. By this petition, the petitioner challenges a part of the judgment rendered by the learned 3rd Additional District Judge, Nanded, in Misc.Application (RJE) No.82/1997, whereby change report to the extent of powers conferred on the President of the petitioner Trust came to be modified and such part of the orders rendered by the Assistant Charity Commissioner and the Joint Charity Commissioner is partly maintained but deleted with prospective effect after term of the then President (Shri S.B.Chavan). 2. The petitioner is an Education Society and Trust. The petitioner is running some Educational Institutions, Colleges and Schools. The petitioner was established as per the 3 Resolution of the members of the society vide registration under the Hyderabad Societies Registration Act, on 10.10.1952. In a General Meeting scheduled on 19.9.1990, a Resolution was passed so as to effect certain changes in the Constitution of the Trust. The General Meeting was admittedly conducted as per the procedure and law. It was resolved that President of the petitioner Trust will be elected by the members and he will have powers to nominate the Secretary and other office bearers of the petitioner. The change report was accordingly submitted on 10.10.1990 to the Assistant Charity Commissioner, Nanded. An inquiry was carried out vide Inquiry No.287/1990. The learned Assistant Charity Commissioner duly approved the change report. The deceased Respondent No.1 was the only one member of the petitioner Trust, who was aggrieved by such decision and had preferred an appeal (Appeal No.31/96) which came to be dismissed as per order dated 24.6.1997, rendered by the learned Joint Charity Commissioner, Aurangabad. He thereafter challenged both the judgments before the learned Additional District Judge, 4 Nanded, vide Misc. Application (RJE) No.82/1997 filed U/s 72 of the Bombay Public Trusts Act, 1950 (for short, the BPT Act). The learned Additional District Judge held that the changes were quite legal and proper except for the change that the authority of the President to nominate the Secretary, Joint Secretary and Treasurer shall be with the President after the term of the then President was improper and required modification. 3. Heard learned counsel and learned A.G.P. 4. The original objection petitioner/Respondent No.1 died during pendency of the proceedings U/s 72 of the BPT Act, before the learned 3rd Additional District Judge could decide such proceedings. Still, however, the learned Additional District Judge held that the proceedings did not abate. The question involved in this petition is as follows : "Whether the learned Additional 5 District Judge committed patent error while deleting a part of the change report on assumptive foundation that after the term of the then President Shri S.B.Chavan, the power was likely to be misused by the subsequent President/s and that such modification was called for.?" 5. There was no material available to assume that such power would be misused by the President. It can not be overlooked that the General Body of the petitioner Society trusted that the President will appropriately exercise the power of nominating the Secretary, Joint Secretary and Treasurer. The Court has no business to dislodge such a Resolution rendered in the General Meeting of the Education Society unless the Resolution itself is found to be out- come of fraud or is against the Public Policy or is demonstratedly unlawful. The required autonomy is to be secured for smooth running of the Education Institutions. If it is noticed that the President has misused the power then the 6 Charity Commissioner may be moved for taking appropriate steps U/s 41 of the BPT Act. There was no reason for the learned Additional District Judge to assume that during his term the then then President (Shri S.B.Chavan) would not abuse such powers and the successor Presidents would, however, indulge in abusing the powers. The impugned judgment reflects mere surmises drawn by the learned Additional District Judge in this behalf. Consequently, the concurrent findings of the learned Assistant Charity Commissioner and learned Joint Charity Commissioner ought not to have been disturbed by partly allowing the application filed U/s 72 of the BPT Act. The impugned part of the said judgment as enumerated in paragraph (3) of the final order is therefore, required to be quashed. 6. In the result, the petition is allowed. The impugned judgment to the extent of the modification indicated in paragraph 3(i) of the final order in the judgment dated 18.3.2002, rendered by the Additional District Judge, Nanded is quashed and be deemed as deleted from the 7 same. The last line of paragraph 2 is also quashed and the orders of the learned Assistant Charity Commissioner and Joint Charity Commissioner are confirmed. Rule made absolutely accordingly. (V.R.KINGAONKAR,J.) Authenticated Copy (Pvt.Secy.to Hon'ble Judge) asp/office/wp299303