1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2196 OF 2009 IN WRIT PETITION NO.4640 OF 2007 1) Rajendra Uttamrao Shelke, R/o-Nagar-Manmad Road, Mothe Baba Nagar, Shirdi, Tq-Rahata, Dist-Ahmednagar, 2) Suresh s/o Machhindra Galande Patil R/o- At Post-Undirgaon, Tq-Shrirampur, Dist-Ahmednagar. ...APPLICANTS. VERSUS 1) The State of Maharashtra, (Through it's Secretary, Law and Judiciary, Mantralaya, Mumbai 400 032) and others. ...RESPONDENTS. ... Shri. S.B. Talekar Advocate for Applicants. Shri. N.B. Khandare, Government Pleader for Respondent Nos.1 and 2. Shri. R.N. Dhorde Advocate for Respondent No.3. Shri. V.D. Hon Advocate for Respondent Nos. 4, 5, 7 to 23. ... 2 CORAM: NARESH H. PATIL AND N.D. DESHPANDE, JJ. DATE : 30TH APRIL, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. Consequent to the Order passed by this Court on 23rd April, 2010, Shri. More, Executive Officer of Shirdi Sai Sansthan is present before the Court. 3. Learned counsel Shri. Talekar appearing for the Applicants submitted that the Writ Petition No.4640 of 2007 was admitted by this court with the clarification that the pendency of the Petition would not come in the way of the Government in appointing a fresh committee as the term of the Managing Committee has expired long back. 4. Shri. Talekar, learned counsel for the 3 Applicants/ Petitioners in substance, submitted that the committees like 'Advisory Council', 'Bhakt Mandal', in accordance with the provisions of Section 18, 19 and 21 of the Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004 (for short "the Act of 2004") are not constituted and even not functioning in accordance with the letter and spirit of the Act of 2004. It was alleged that the funds of the Trust are mis-utilised and the meetings of the Committees and Council are not at all held as claimed by the Respondents. It was submitted that in view of the provisions of Section 25 of the Act of 2004, since last six to seven years, the State failed to frame the rules governing the affairs of the Trust. 5. Shri. Khandare, learned Government Pleader submitted that the Petition raises question of validity of the Act of 2004 itself. As the Petition was already admitted, all these questions being raised now by the Applicants, should be addressed and decided at the time of 4 final hearing of the Petition. The learned Government Pleader submitted that the Advisory Council, Committee and Bhakta Mandal as envisaged under the provisions of Section 5, 18, 19 and 21 are constituted in accordance with law and the same are in existence and functioning. It was submitted that the Rules under Section 25 of the Act of 2004 are not yet framed by the State Government. 6. Shri. Dhorde, learned counsel appearing for the Sansthan submitted that disbursement of money to various deserving trusts, institutions is decided in the meeting of the Managing Committee on its own merits and thereafter the proposal is forwarded to the Scrutiny Committee and after receipt of approval from the Scrutiny Committee, the proposal is forwarded to the State Government. It was submitted that the accounts of the Sansthan are audited and placed for approval before the State Assembly. Once in a year meeting of the Advisory Council and Bhakta Mandal is held. 5 7. Shri. Hon, learned counsel submitted that the members of the Managing Committee are functioning to the best of their ability and in the interest of Sansthan. The counsel denied the allegations made on behalf of the Applicants/ Petitioners against them. 8. Functioning of a Public Trust involves not only adherence to the provisions of law but a sense of devotion. Public sentiments and dedication is attached to such Trusts. There cannot be any dispute that functioning of such Trusts shall exhibit fairness and transparency. Considering all these factors, the Act of 2004 was enacted for better management, administration, governance and control of the Trust to enable it to undertake wider welfare activities for the public. 9. We have noted that the meetings of the Advisory Council and Bhakta Mandal are held once 6 in a year, according to the statement made by the counsel for the Respondents. The procedure for disbursement of the funds is also described by the learned counsel appearing for Sansthan, on instructions of the Executive Officer, who is present in the Court. Under the provisions of Section 7 of the Act of 2004, the term of Member of Managing Committee is stated to be of three years. The proviso to Section 7 stipulates that the term of office of such out-going members shall be deemed to extend to and expire with, the date on which the notification constituting the new Committee is published in the Official Gazette. While admitting the Petition, the Division Bench of this Court had clarified that the pendency of the Petition would not come in the way of the Government in appointing a fresh committee. The procedure for constitution of the Committee and the qualification of the Members of the Committee is mentioned in the provisions of Section 5 of the Act of 2004. We are informed that so far the same Committee which was constituted before about six 7 years, is functioning. 10. We find that in the light of the provisions of Section 25 of the Act of 2004, it is necessary that the State shall frame the rules which would facilitate effective governance and functioning of the Sansthan. 11. In the light of the fact that the Petition itself is pending consideration of this Court, considering the scope of Civil Application, we issue directions to the Respondents on the following issues: (A) We direct the State Government to frame the rules at the earliest as provided under Section 25 of the Act of 2004. (B) Up-to date and proper record in respect of holding of the meetings of the Managing 8 Committee, Advisory Council and Bhakta Mandal shall be maintained. 12. We clarify that this Order shall not be construed to mean that this Court had approved that the Managing Committee constituted under Section 5 of the Act of 2004 is strictly in accordance with law. The State Government is at liberty to consider the issue in respect of the constitution of the Managing Committee. 13. In the light of these observations and directions, Civil Application stands disposed of. [N.D. DESHPANDE, J.] [NARESH H. PATIL, J.] asb/APR10/ca2196.09