1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.30 OF 2010 Shivajirao s/o Shridharrao More, age: 50 years, Occ: Agri., R/o Omerga, Tq. Omerga, District Osmanabad. Appellant Versus 1 Bharat Shikshan Sanstha Trust, Omerga, Tq. Omerga, District Osmanabad. 2 Nahasaheb Sidram Musande, age: 71 years, Occ: Agri., R/o Omerga, Tq. Omerga, District Osmanabad. 3 Appasaheb Martandrao Dange, age: 75 years, Occ: Agri., R/o Keshrajwala, Tq.Omerga, District Osmanabad. 4 Padmakarrao Vishwambarrao Haralkar, age: 65 years, Occ: Agri., R/o Tugaon, Tq. Omerga, District Osmanabad. 5 Ravindra Vishwanath Gaikwad, age: 50 years, Occ: Service & Social work, R/o Omerga, Tq.Omerga, Dist.Osmanabad. 6 Suresh Manikrao Birajdar, age: 45 years, Occ: Agri., R/o Balsur, Tq. Omerga, District Osmanabad. 2 7 Bhanudasrao Shivraj Mane, age: 70 years, Occ: Agri., R/o Bedga, Tq. Omerga, District Osmanabad. 8 Shesherao Narsingrao Pawar, age: 65 years, Occ: Agri., R/o Narangwadi, Tq.Omerga, District Osmanabad. 9 Madhavrao Abaji Jagtap, age: 75 years, Occ: Agri., R/o Bhatangali, Tq.Omerga, District Osmanabad. 10 Dr.Subhash Ramrao Waghmode, age: 50 years, Occ: Medical Practice, R/o Omerga, Tq.Omerga, District Osmanabad. 11 Janardhan Limbaji Sathe, age: 65 years, Occ: Agri., R/o Murum, Tq.Omerga, Dist. Osmanabad. 12 Trimbakrao Gopalrao Ingole, age: 65 years, Occ: Agri., R/o Murum, Tq.Omerga, District Osmanabad. 13 Ravindra Bhanudas Ingole, age: 55 years, Occ: Service, R/o Omerga, Tq.Omerga, District Osmanabad. 14 Dr.Amit Rameshrao Patil, age: 20 years, Occ: Medical Practice, R/o Tugaon, Tq.Omerga, District Osmanabad. 15 N.D.Shinde, Principal, age: 55 years, 3 Occ: Service, R/o Omerga, Tq.Omerga, Dist.Osmanabad. 16 Madhavrao Santram Patil, age: 70 years, Occ: Agri., R/o Laxmi Colony, Latur, District Latur. 17 Laxmanrao Tatyarao More, age: 60 years, Occ: Agri & Business, R/o Omerga, Tq.Omerga, District Osmanabad. 18 Trimbakrao Bhaurao Salunke, age: 80 years, Occ: Agri., R/o Dhanori, Tq.Lohara, District Osmanabad. 19 Vithalrao Krishnaji Patil, age: 78 years, Occ: Agri., R/o Sawalsur, Tq.Omerga, Dist. Osmanabad. 20 Ajay Shridharrao More, age: 35 years, Occ: Service, R/o Omerga, Tq.Omerga, District Osmanabad. 21 Assistant Charity Commissioner, Aushadhi Bhavan, Osmanabad. 22 Joint Charity Commissioner, Diwanji Complex, Ambejogai Road, Latur. 23 Charity Commissioner, Mumbi, Warli: Mumbai, Anni Bezent Road. Respondents Mr.A.H.Gaikwad, advocate for the appellant. Mr.Mukul Kulkarni, advocate for Respondents No.16 & 17. 4 CORAM: R.M.BORDE, J. DATE : 14 th January, 2010. P.C.: 1 Heard Shri Gaikwad, learned Counsel for the appellant and Shri Mukul Kulkarni, learned Counsel for Respondents No.16 & 17. 2 An order remitting back the matter for reconsideration to the Assistant Charity Commissioner, passed by Joint Charity Commissioner, which has been confirmed by District Court, is subject matter of challenge in this Second Appeal. 3 It is informed that elections to the office of President of the Trust were held in the General Body meeting of the Trust on 24.11.2007 and appellant is elected as President. A Change Report was presented to the Assistant Charity Commissioner which came to be accepted by the concerned authority on 01.12.2007. Respondents herein raised objection by presenting Revision No.20/2008 which came to be allowed by the Joint Commissioner in view of order passed on 17.04.2009 and the matter has been remitted back for reconsideration to the Assistant Charity Commissioner. The order passed by Joint Charity Commissioner is confirmed by District Court while dealing with Misc. Civil Application No.8 of 2009 presented by appellant herein. 4 I have perused the order passed by District Court as well as authorities below. There were three objections considered by the Joint Charity Commissioner and those were in respect of issuing notice in respect of 5 holding of meeting fifteen days in advance to the members of Trust and in respect of issuance of notice of change to the remaining members of the Managing Committee excluding President by the Assistant Charity Commissioner before issuing order accepting proposed change. Another objection considered by the Joint Charity Commissioner is in respect of making available record of the Trust by the reporting trustee for verification of membership of the Trust. 5 The first appellate Court, while considering the matter, has recorded a finding that fifteen days clear notice need not be issued in respect of General Body Meeting and no illegality can be presumed on account of failure to issue such notice. However, so far as failure to make available record before the Assistant Charity Commissioner pertaining to membership of the Trust by the reporting trustee is concerned, first appellate Court has concurred with the finding recorded by the Joint Charity Commissioner. 6 On perusal of the reasons recorded by first appellate Court, I am of the opinion that there is no perversity in the reasons recorded by the first appellate Court. Moreover, no prejudice can be said to have been caused to the reporting trustee as the matter is merely remitted back for reconsideration to the Assistant Charity Commissioner. 7 A grievance is made in respect of directions issued by District Court for making available receipt book in respect of membership of the members who are stated to have been inducted about a year before. 8 The Assistant Charity Commissioner may consider all relevant 6 aspects while dealing with issue of membership; and production of receipts in respect of conferment of membership on the members, who are stated to be inducted as members long before presentation of the dispute, would be a matter of consideration by the Assistant Charity Commissioner and the Assistant Charity Commissioner will base his finding on consideration of all relevant aspects and production or failure thereof to produce receipts will not be only criteria for discarding claim of membership. 9 In this view of the matter, no interference is called for in the instant Second Appeal. No substantial question of law arises for consideration in the appeal. 10 Second Appeal stands dismissed. In view of dismissal of Second Appeal, Civil Application No.478 of 2010 does not survive and stand disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/sa3010