IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.203 OF 2008 WITH FIRST APPEAL NO.1939 OF 2007 Shri Satish Jaysing Sawant & Ors. )..Appellants Versus Shri Shamrao Pandurang Sawant & Ors.)..Respondents ---- Mr.M.L.Patil for the appellants. Mr.Vikas Mali for the respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 23.4.2008. PC 1. Both these appeals impugn a judgment and order passed by the District Judge Islampur, accepting the scheme under Section 50-A of the Bombay Public Trusts Act 1950. I have heard both sides and perused the record. The appellants have to make out a substantial question of law. The facts indicate that members of the Sawant family were the trustees of the Kalammadevi Devasthan situated at Kalamwadi, Tal. Walwa, Dist. Sangli. Devasthan had about 17 acres of land and these were being cultivated by the trustees of the Sawant family. Two schemes were submitted in the office of the Charity Commissioner. One scheme being Scheme with Application No.1054 of 1998 and other Sehcme was with Scheme Application No.89 of 1999. Scheme 1054/98 was dismissed for non : 2 : joinder of proper parties. This scheme proposed the names only from the Sawant family on the managing committee. Scheme 89/99 however, proposed a substantial change and provided for a managing committee which was to be elected from the gram sabha. This scheme however, protected the rights of the trustees from the Sawant family to a limited extent and under clause 8-A it was provided that they will continue as trustees and vahivatdas of the land which was in their possession. As far as managing committee is concerned, initially there were to be seven managing trustees. After a period of 5 years, there was to be an election in the gram sabha. Members of the Sawant family were not precluded from contesting the said election. This scheme was accepted by the Assistant Charity Commissioner, after following due procedure. The matter was carried to the District Court and the District Court has confirmed the said scheme. 2. On behalf of the appellants it was contended that it was wrong to exclude the members of the Sawant family from the management of the Devasthan. It was also incorrect in law to change the mode of succession of the managing body from hereditary to election at the gram sabha. Reliance was placed upon the judgment of the Supreme Court in the case of Damyani Naranga V/s.Union of India Damyani Naranga V/s.Union of India Damyani Naranga V/s.Union of India reported in 1971(1) Supreme Court Cases 678. In the said : 3 : judgment the Apex Court held that the right to form association includes the right to its continuance and any law alterting the composition of the Association compulsorily will be a breach of the right to form the association. In the case before the Supreme Court there was an alteration of the constitution of the Hindi Sahitya Sammelan which was a society registered under the Societies’ Registration Act, 21 of 1860. The facts of the present case are completely different. In the present case, Devasthan is a public trust and Charity Commissioner has statutory powers to frame scheme. The only limitation of his powers is that the scheme should be framed "in the interest of the proper management or administration". There is no prohibition in law for the Assistant Charity Commissioner to accept the scheme which changes in the mode of succession. Apart from this, there was a clear finding by the District Judge that the erstwhile trustees were mis-managing the Devasthan. Instances were given in the order of the District Judge. There is no allegation that the seven people who are initially appointed as managing trustees will mis-manage the Devasthan. The rights of cultivation have been protected. They have not been prohibited to contest the election. In my view, therefore, there is no substantial question of law involved in these appeals. Both the appeals stand dismissed. : 4 : (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)