Bombay High Court
RAVINDRA MORESHWAR SARNAIKversusTHE ASSISTANT CHARITY COMMISSIONER
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the Assistant Charity Commissioner to hear and decide the pending change reports within three months, thereby disposing of the petition and interim application.
Summary
The petitioners challenged an order dated 26 October 2024 of the Assistant Charity Commissioner, Greater Mumbai, issued under Section 41-A of the Maharashtra Public Trust Act, 1950, concerning the management of a trust (Respondent No.2). The dispute arose from rival claims over the lawful management of the trust, with two change reports filed regarding the election of the Managing Committee in 2022. The High Court held that the appropriate remedy was to direct an expeditious hearing and disposal of these change reports to resolve the competing claims. Accordingly, the Court ordered the Assistant Charity Commissioner to hear and decide the change reports (ACC/V/6006/2022 and ACC/V/5639/2022) within three months of the order. The writ petition and the accompanying interim application were both disposed, leaving all parties' contentions open for future proceedings.
Issues considered
- Whether the order of the Assistant Charity Commissioner dated 26 October 2024 under Section 41‑A of the Maharashtra Public Trust Act, 1950, should be set aside.
- Who is lawfully entitled to manage the affairs of Respondent No.2 – Trust.
- Whether the Court should direct an expeditious hearing of the change reports filed for the 2022 election of the Managing Committee.
Legislation cited
- Maharashtra Public Trust Act, 1950 — s. 41-A
Subjects
- trust law
- public trust
- management of trust
- change report
- election of managing committee
- interim application
- Section 41-A
- Maharashtra Public Trust Act
Judgment
23 IA-7819-26.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7819 OF 2026
IN
WRIT PETITION NO. 17342 OF 2025
Ravindra Moreshwar Sarnaik & anr. ..Applicants
Versus
The Assistant Charity Commissioner & ors. …Respondents
Mr. Rajesh Tekale, for the Applicants/Petitioners.
Mr. Aayesh Gandhi, a/w Mr. Gaurang Samel, i/b Wadia
Ghandy & Co., for Respondents.
CORAM : N. J. JAMADAR, J.
DATE : 05th OCTOBER 2026
P.C.:
SAINATH
SANJAY
BODKHE
Digitally signed by
SAINATH SANJAY
BODKHE
Date: 2026.10.08
1. Heard the learned Counsel for the parties.
11:11:03 +0530
2. The challenge in this petition is to an order dated 26 th
October, 2024 passed by the Assistant Charity Commissioner-V,
Greater Mumbai in an application being Application No.
ACC/V/15/2024 filed purportedly under the provisions of
Section 41-A of the Maharashtra Public Trust Act, 1950 whereby
the petitioners sought the directions in regard to the proper
management of the Respondent No. 2 – Trust.
SAINATH, PA 1/2
23 IA-7819-26.DOC
3. The genesis of the dispute between the parties is the rival
claim as to who is lawfully in the management of the affairs of
the Respondent No.2 – Trust. Two change reports have been filed
in regard to the election of the Managing Committee of the Trust
in the year 2022.
4. Having regard to the nature of the dispute, the appropriate
course would be to direct expeditious hearing and disposal of
the Change Reports pertaining to the election to the Managing
Committee of the Respondent No.2 – Trust held in the year,
2022, expeditiously as that would only put an end to the claims
and counter-claims as to the right to manage the affairs of the
Respondent No. 2 – Trust.
5. The Writ Petition, thus, stands disposed with a request to
the Assistant Charity Commissioner seized with Change Report
Nos. ACC/V/6006/2022 and ACC/V/5639/2022 to hear and
decide those change reports as expeditiously as possible and,
preferably, within a period of three months from the date of
communication of this order.
6. In view of the disposal of the petition, the Interim
Application also stands disposed.
7. All contentions of all the parties are kept expressly open.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
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