1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7903 OF 2009 Shri Samarth Vidya Prasarak Mandal, Bhistabag Road, Near Professor Colony, Ahmednagar, through its President and Chairman Mr.Shankar s/o Bhaskar Vyapari and others Petitioners Versus Dr.Sudhakar s/o Pralhad Kulkarni Respondent Mr.V.J.Dixit, Senior Counsel holding for Mr.L.V.Sangit, advocate for petitioners. Mr.Mrs.M.D.Thube Mhase, advocate for Respondent No.1. Mr.K.M.Suryawanshi, A.G.P. for Respondent No.2. CORAM : R. M. BORDE, J. DATE : 09th April, 2010. PER COURT : 1 An application tendered by petitioners during continuance of inquiry proceedings initiated under Section 41D of the Bombay Public Trusts Act, 1950, requesting the Joint Charity Commissioner to delete their names as trustees has been turned down by Joint Charity Commissioner, Pune Division, Pune, by order dated 17.07.2009 and said order, passed below Exhibit-27 in Inquiry Application No.2/2007 is subject matter of challenge in this petition. 2 It is not controverted that application is tendered against 2 trustees of the Trust requesting Joint Charity Commissioner to take action as contemplated by Section 41D of the Act. It is contended by applicants in an application tendered to the Joint Charity Commissioner on 02.12.2008, that they are trustees elected for the period between 2003 to 2008 and period of five years of office has expired and as such no action, as contemplated by Section 41D of the Act, is necessary. It is also contended by petitioners that elections for new governing body of the trust for the period 2008 to 2013 have taken place and some of the applicants are not members of the governing body and as such, it is contended that they are no more trustees of the Trust and as such, their names are required to be deleted. Application tendered by applicants - petitioners herein has been turned down by the Joint Charity Commissioner holding that even if term of governing body comes to an end, action, as contemplated by Section 41D of the Act, is in respect of removal of petitioners as trustees of the Trust and proceedings can continue. 3 Learned Senior Counsel Shri Dixit appearing for petitioners has invited my attention to the provisions of Constitution of the Trust. Clause 1 of the Constitution refers to membership of the Trust. There are three categories of members and those are, (i) Founder Life Members, (ii) Life Members and (iii) Ordinary members. The members of Governing Body are to be elected from amongst Founder Life members as far as possible and if there are certain vacancies, those are required to be filled from amongst Life Members, in the Annual General Body meeting. 4 It is not controverted that petitioners are either founder life 3 members or life members. Clause 3 of the Constitution refers to composition of Governing Body. The membership of the Governing Body cannot be equated with the trusteeship of the Trust. The analogy put forth that only such of those members, who manage functions of the Trust and who constitute the Governing Body, are the only trustees of the Trust, is not acceptable. The membership consisting of founder life members and life members also cannot be excluded from the category of Trustees. The question to be determined by the Joint Charity Commissioner in an inquiry under Section 41D of the Act is, as to whether petitioners are entitled to be retained as trustees of the Trust. Merely because they cease to be members of the Governing Body will not render the application under Section 41D of the Act itself as infructuous. The Joint Charity Commissioner has adopted a reasonable view of the matter and has passed the order, which cannot be said to be erroneous or perverse. There is no merit in the petition. 5 Writ Petition, therefore, stands rejected. ( R. M. BORDE) JUDGE adb/wp790309