WP 5562/07 1 Judgment IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. Writ Petition No. 5562/2007 1. Sardar Devendrasingh Amarjitsing Bhatia. 2. Sardar Mahendrapalsingh s/o Lalsingh Bagga. 3. Sardar Indrapalsingh s/o Amarsingh Juneja. 4. Sardar Ikbalsingh s/o Pritamsingh Hora. 5. Hardipsingh Sevidattamalji Saluja. 6. Sardar Harjitsingh Mangatsingh Gurudatta. 7. Sarrdar Trilochansingh Mohansingh Bhatiya. 8. Sardar Sukhmansingh Mahendrasingh Bhatiya. 9. Sardar Surendrasingh Madansingh Bhatiya. 10. Kamaljitsingh Mohansingh Bagga. 11. Gurmeetsingh Bahadursingh Chawla. 12. Rajneesh Kuldeepchandra Bagga. 13. Satpal Kartarsingh Arora. 14. Sardar Indrajeetsingh Balwantsigh Bhatia. 15. Pramod Dhanrajji Sachdev. 16. Hitesh Satishchandra Bagga. 17. Sardar Bhupendrasingh Jogendrasingh Rajpal. 18. Ajayjeet Madanjeet Waliya. 19. Sardar Pritpalsingh Prtiamsingh Hora. 20. Ramesh Mohanlal Arora. 21. Sardar Satvindersingh Gurmeetsingh Mishan. WP 5562/07 2 Judgment 22. Shri Indrakumar Kararsingh Arora. 23. Sardar Ranjitsingh Surjeetisingh Gulati. All residents of Gurunanak Gate, Jai Stambh Chowk, Gondia. PETITIONERS .....VERSUS..... 1. Sardar Gurubachansingh Bhupendrasing Bagga, R/o Indira Gandhi Stadium, Gondia. 2. Sardar Hardeepsingh Mahendrasingh Gulati, R/o Hotel Red Chilli, near Prabhat Talkies, Gondia. 3. Sardar Harpalsingh Nanaksingh Hora, R/o Birsi Garriage, old Bus stop Road, Gondia. 4. Sardar Amarjeetsingh Kulwantsingh Bhatiya, R/o Fulchur Road, Gondia. 5. Sardar Parmajeetisingh Harasingh Bhatiya, R/o Fulchur Road, Gondia. 6. Sardar Pritampalsingh Harbhajansingh Gulati, Hotel Harson, near Prabhat Talkies, Gondia. 7. Sardar Jabharsingh Gurbakshsingh Gahir, R/o Suryatola, near Power House, Gondia. 8. Sardar Preetmsingh s/o Awtarsingh Bhatiya, R/o near Nirmal Talkies, Gondia. 9. Sardar Gurmeetisngh s/o Satnamsingh Bhatiya, R/o Fulchur Road, Gondia. 10. Sardar Dhanwantsingh Amareetsingh Bhatiya, R/o Fulchur Road, Gondia. 11. Sardar Jasbirsingh Kartarsingh Mishan, R/o near Prabhat Talkies, Gondia. 12. Sardar Dilipsingh Guruchandransingh Bhatiya, near Gurunanak Gate, Gondia. WP 5562/07 3 Judgment 13. Sardar Hirasingh Triloksingh Bhatiya, R/o Main Road, Gondia. 14. Sardar Gurmeetisingh Harbansingh Gulati, R/o Guru Nanak Colony, Gondia. 15. Sardar Indrapalsingh Ajitsingh Renue, R/o near old Bus Stand, Gondia. 16. Sardar Shersingh Bhagsingh Makkad, R/o near Jaistambh Chowk, Gondia. 17. Sardar Jaspalsingh Amarjeetisingh Bhatiya, R/o State Bank Colony, Gondia. 18. Sardar Randeepsingh Devendrapalsingh Bhatiya, R/o near Nirmal Talkies, Gondia. 19. Sardar Supereetsingh Mahendrasingh Hora, R/o near Dr. Gupta's Residence, Marghat Road, Gondia. 20. Sardar Mangatsingh Tirathsingh Hora, Old bus stand Road, Gondia. 21. Sardar Indrapalsingh Harcharansingh Bhatiya, R/o near Nirmal Talkies, Gondia. 22. Sardar Tirathsingh Awtarsingh Bhatiya, R/o Near Guru Nanak Gate, Gondia. 23. The Branch Manager, Punjab National Bank, Gondia Branch, Near Prabhat Talkies, Gondia. 24. Assistant Charity Commissioner, Bhandara. RESPONDENTS Shri Dhumale holding for Shri Anand Parchure, counsel for the petitioners. Shri S.D. Sirpurkar, counsel for the respondent nos.1 to 22. Mrs. S.S. Wandile, Assistant Government Pleader for the respondent no.24. CORAM: SMT.VASANTI A.NAIK, J. DATE : 10 th OCTOBER, 2008. WP 5562/07 4 Judgment ORAL JUDGMENT Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission with the consent of learned counsel for the parties. 2. The managing committee of the Punjabi Shikshan Samiti, Gondia, a registered public trust, was elected in the election held on 26.06.2005, in pursuance of the order passed by the Assistant Charity Commissioner. Thereafter, fresh election of the managing body was held on 16.08.2007. The recorded trustee of the trust, one Sardar Harpalsingh Hora had filed an application under Section 41-A of the Bombay Public Trust Act, challenging the validity of the enrollment of 80 members of the trust, who had participated in the election of the new managing body. The application was rejected by the Assistant Charity Commissioner on 30.07.2007 with a direction to the recorded trustees to hold election as per the rules and regulations of the trust. In pursuance of the order dated 30.07.2007, the elections were held on 16.08.2007. WP 5562/07 5 Judgment 3. A change report was filed by the petitioners bearing Change Report Enquiry No.646/2007 under Section 22 of the Bombay Public Trust Act before the Assistant Charity Commissioner. The respondent nos.1 to 22 also filed a change report bearing Change Report Enquiry No.642/2007. During the pendency of these two change report enquiries, the petitioners filed an application under Section 41-A of the Bombay Public Trust Act for operation of Bank Accounts and for restraining the respondent nos.1 to 22 from interfering in the smooth functioning of the administration of the trust. 4. The respondent nos.1 to 22 opposed the prayer made in the application under Section 41-A of the Bombay Public Trust Act. The Assistant Charity Commissioner, however, by the impugned order dated 12.11.2007, rejected the application filed by the petitioners and also issued direction to the Deputy Director of Education, Nagpur to transfer all the schools and Educational Institutions run by the public trust to any other public trust having similar objects. The order dated 12.11.2007 is impugned in the instant petition. WP 5562/07 6 Judgment 5. Shri Dhumale, learned counsel holding for Shri Anand Parchure, the learned counsel for the petitioners, submitted that the Assistant Charity Commissioner was not justified in issuing direction to the Deputy Director of Education, Nagpur Region, Nagpur to transfer all the schools and educational institutions run by the Punjabi Shikshan Samiti, Gondia to any other trust. According to the counsel for the petitioners, such an order of transferring the schools and educational institutions to other trust was not justified on the ground that there were two groups in the trust and both the groups were claiming to be in power and management of the trust. It is then submitted on behalf of the petitioners that the petitioners had merely filed an application for permission to operate the bank accounts and restraining the respondents from interfering with the smooth functioning of the administration of the trust but, the Assistant Charity Commissioner erroneously issued directions to the Deputy Director of Education, Nagpur Region, Nagpur to transfer all the schools and educational institutions run by the trust. The learned counsel for the petitioners lastly submitted that the petitioners have no objection if the Assistant Charity Commissioner is directed to decide both the change reports within a time frame. He, WP 5562/07 7 Judgment however, sought for setting aside the order dated 12.11.2007 so far as it issues the direction to the Deputy Director of Education, Nagpur Region, Nagpur to transfer the schools and educational institutions to yet another trust. 6. Shri Sirpurkar, the learned counsel for the respondent nos.1 to 22, supported the order passed by the Assistant Charity Commissioner so far as it rejects the prayer made by the petitioners in the application under Section 41-A of the Bombay Public Trusts Act. He, however, supported the petitioners so far as the challenge raised by the petitioner, to the direction issued to the Deputy Director of Education, Nagpur Region, Nagpur was concerned. According to Shri Sirpurkar, the Assistant Charity Commissioner exceeded his jurisdiction in issuing direction to the Deputy Director of Education, Nagpur Region, Nagpur to transfer all the schools and educational institutions run by the trust. The learned counsel for the respondent nos.1 to 22 submitted that the respondent nos.1 to 22 have no objection if the Assistant Charity Commissioner is directed to decide both the change reports within a particular time frame. WP 5562/07 8 Judgment 7. Mrs. S.S. Wandile, the learned Assistant Government Pleader appearing on behalf of the respondent no.24, supported the order passed by the Assistant Charity Commissioner. Since the respondent no.24 was asked to submit within what time the respondent no.24 would be in a position to decide both the change reports, the learned Assistant Government Pleader had sought the instructions from respondent no.24 and it is submitted on behalf of respondent no.24 that both the change reports bearing Nos.646/2007 and 642/2007, would be decided within a period of six months from the date of first appearance of parties before the Assistant Charity Commissioner. 8. I have considered the submissions made on behalf of the parties and have also perused the impugned order dated 12.11.2007. The application filed by the petitioners under Section 41-A of the Bombay Public Trust Act and the reply filed thereto is also perused. Though the Assistant Charity Commissioner appears to have passed a lengthy order, the order merely records the submissions made on behalf of the petitioners and the pleadings and the submissions made on behalf of the respondent nos.1 to 22. It is only in the last paragraph i.e. paragraph 8 of WP 5562/07 9 Judgment the impugned order that the Assistant Charity Commissioner records its reasons for dismissing the application filed by the petitioners under Section 41-A of the Bombay Public Trust Act. In stead of deciding the application at Exh.1 on merits, the Assistant Charity Commissioner holds that there are two groups in the trust and two separate change reports are filed. The Assistant Charity Commissioner further observes in paragraph 8 that the dispute between the two groups would destroy the reputation of the trust and would hamper the administration of the trust and, therefore, it was necessary to issue directions to the Deputy Director of Education, Nagpur Region, Nagpur to transfer all the schools and educational institutions run by the trust, to any other trust. It appears that the Deputy Director of Education, Nagpur Region, Nagpur was not a party to the proceedings before the Assistant Charity Commissioner, Bhandara. Even otherwise, the nature and the extent of the dispute between the two rival groups is not discussed in paragraph 8 of the impugned order and the Assistant Charity Commissioner was not justified, in the facts and the circumstances of the case, to issue direction to the Deputy Director of Education, Nagpur Region, Nagpur to transfer all the schools and educational institutions run by the trust to some other WP 5562/07 10 Judgment trust with similar objects only for the reason that there were two groups in the trust. Since the Assistant Charity Commissioner has now informed this Court that both the change reports bearing Nos.646/2007 and 642/2007 could be decided within a period of six months from the date of first appearance of the parties before the Assistant Charity Commissioner, it would be necessary in the interest of justice to modify the order passed by the Assistant Charity Commissioner on 12.11.2007. 9. The order passed by the Assistant Charity Commissioner on 12.11.2007 so far as it issues the direction to the Deputy Director of Education, Nagpur Region, Nagpur to transfer all the schools and educational institutions run by the trust to any other trust, is hereby quashed and set aside. The other part of the order stands confirmed. 10. The Assistant Charity Commissioner is directed to decide the Change Report Enquiry No.646/2007 and Change Report Enquiry No.642/2007 positively within a period of six months from the date of the first appearance of the parties before the Assistant Charity Commissioner. WP 5562/07 11 Judgment 11. The parties undertake to remain present before the Assistant Charity Commissioner on 10.11.2008 so that issuance of individual notices to the parties could be dispensed with. The order of status quo as to management, as granted by this Court on 04.12.2007, would operate during the pendency of the Change Report Enquiry Proceedings before the Assistant Charity Commissioner. 12. Rule is made absolute in the aforesaid terms. No order as to costs. JUDGE APTE