Bombay High Court
LAT EDUCATION SOCIETY LAT THR ITS SECRETARY DEVGONDA ANNASO PATILversusTHE DY CHARITY COMMISSIONER AND ANR
- Disposal
- Allowed
Holding
The Change Report No. 424 of 2022 is upheld and the orders rejecting it are set aside.
Summary
The petition challenged orders of the Joint Charity Commissioner and Deputy Charity Commissioner that rejected a change report filed by the reporting trustees of Lat Education Society regarding the election of its managing committee for the 2021-2026 tenure. The petition argued that the vacancy created by a trustee's death need not be filled immediately, that the secretary was authorized to issue notice for the election meeting under the society's bye-laws, and that the meeting being a special general body rather than an annual meeting was immaterial when a quorum was present. The court examined the applicability of Clause 12(d) and Clause 15(a) of the bye-laws and found no detriment to the trust's interests from the vacancy. It held that the reasons for rejecting the change report were untenable, as the procedural requirements were satisfied. Consequently, the court allowed the writ petition and upheld the Change Report No. 424 of 2022.
Issues considered
- The validity of the Joint Charity Commissioner’s rejection of the change report filed by the reporting trustees.
- Whether the vacancy in the managing committee needed to be filled before the election.
- Whether the secretary had authority to convene the election meeting under the society’s bye‑laws.
- Whether the meeting being a special general body rather than an annual meeting affected the legality of the election.
Subjects
- charity law
- trust
- managing committee
- election
- vacancy
- change report
- writ petition
Judgment
36-WP-1456-2026 (C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1456 OF 2026
Lat Education Society Lat Thr Its Secretary
Devgonda Annaso Patil ...Petitioner
Versus
The Dy Charity Commissioner And Anr ...Respondents
…..
Adv. Akshay Kulkarni a/w Adv. Avesh Ghadge and Adv. Aditya Ghadge,
Advocate for Petitioner.
Mr. Sanjay D. Rayrikar, AGP for the Respondent No.1 and 2-State.
…..
CORAM : SHAILESH P. BRAHME, J.
DATE : 9th SEPTEMBER, 2026.
P.C. :
Heard.
2. The orders passed by Joint Charity Commissioner in Appeal
No.85 of 2025 on 10.10.2025 and order dated 21.02.2025 passed by
the Deputy Charity Commissioner in Change Report No.424 of 2022 are
under Challenge. The appellants are the reporting trustees who solicited
approval for the election of the body in a meeting dated 21.11.2021 for
the tenure from 2021 to 2026. The change report is not contested by
anybody. It was preferred against the public at large. There was also no
contest before the appellate forum.
ZIP 1 of 2
36-WP-1456-2026 (C).doc
3. The composition of the managing committee is of 13 members.
Out of them, there was one vacancy due to death of Bhaskar Janardan
Mule on 16.09.2020 during Covid-19 pandemic. It is not expected of
the surviving trustees to take steps for filling up the vacancy. Non-
compliance on the part of the applicant cannot be shown to be
detrimental to the interest of the trust. The notice for convening the
meeting for conducting election was issued by the secretary, which is
said to be permissible as per Clause 12(d) read with Clause 15(a) of the
bye-laws. The last reason for rejecting the report is recorded as the
change took place in a special general body meeting and not annual
meeting. When maximum number of members were present in the
meeting concerned, the nomenclature hardly matters.
4. I find that impugned orders are unsustainable. Accordingly, the
writ petition is allowed. The Change Report No.424 of 2022 shall stand
accepted.
[ SHAILESH P. BRAHME, J.]
ZIP 2 of 2
Checking your session…