Bombay High Court

SUNDARLAL RAMNIVAS DARAKversusTHE JOINT CHARITY COMMISSIONER LATUR AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The writ petition was rejected because the petitioner lacked authority to convene the elections and the Deputy Charity Commissioner is competent to decide the matter under section 41‑A of the Maharashtra Public Trusts Act.

Summary

The petitioner, Sundarlal Ramnivas Darak, claimed to be a life member and beneficiary of the Shardopasak Shikshan Sanstha, a public trust registered under the Maharashtra Public Trusts Act, 1950 and the Societies Registration Act, 1860. He filed a change report (No.383 of 2024) and sought provisional acceptance, which was rejected by the Deputy Charity Commissioner and later by the Joint Charity Commissioner on the ground that he was not an authorized officer of the managing committee. The petitioner also requested the appointment of a fit person or administrator under section 41‑A of the Maharashtra Public Trusts Act to manage the trust pending resolution of the dispute. The Court observed that the Deputy Charity Commissioner is empowered to decide the matter under section 41‑A and that the petitioner had not demonstrated authority to convene the elections or submit the change report. Consequently, the Court directed the Deputy Charity Commissioner to decide the pending application within ten weeks and dismissed the writ petition. No costs were awarded and any pending civil application was also disposed of.

Issues considered

Whether the Deputy and Joint Charity Commissioners erred in rejecting the provisional acceptance of Change Report No.383 of 2024.
Whether the petitioner is entitled to the appointment of a fit person or administrator under section 41‑A of the Maharashtra Public Trusts Act pending final resolution.
Whether the petitioner had the requisite authority to convene the trust’s managing committee elections and submit the change report.

Legislation cited

Maharashtra Public Trusts Act, 1950 — s. 2(10)(d)(e), 41-A
Societies Registration Act, 1860

Subjects

public trust
change report
provisional acceptance
charity commissioner
section 41-A
Maharashtra Public Trusts Act
appointment of administrator
trust management dispute

Judgment

2026:BHC-AUG:7078

1 wp 7300.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7300 OF 2025
WITH
CIVIL APPLICATION NO. 1983 OF 2026 IN WP NO.7300 OF 2025

Sundarlal Ramnivas Darak
VERSUS
The Joint Charity Commissioner Latur And Others
...
Advocate for Petitioner : Mr. S.B. Gastgar
AGP for Respondents no.1,2 : Mr. K.N. Lokhande
Advocate for Respondent no.3 : Mr. N.P. Patil-Jamalpurkar
…

CORAM : S. G. CHAPALGAONKAR, J.
Dated : February 17, 2026

FINAL ORDER :-

1. The petitioner approaches this Court with following

prayers :-

“C. By issuing writ of Certiorari or any other appropriate
writ, order or directions in the like nature to quash and
set aside the impugned order dated 16.5.2025 passed
by Joint Charity Commissioner, Latur Region, Latur in
Revision application No. 93 of 2024 in MA No.384 of
2024 in Change Report No.383 of 2024 (Latur) filed by
petitioner/reporting trustee for provisional acceptance
of Change Report No.383 of 2024 deserves to be
allowed.
and/or
D. By issuing appropriate writ, order or directions in the
like nature to appoint a fit person or administrator on
Shardopasak Shikshan Sanstha, Aurad Shahajani, F-
144/Latur for looking day-to-day affairs of the trust till
dispute as regards Managing Committee and
membership of the Trust is finally resolved/decided by
the Charity Authorities.”
2 wp 7300.25.odt

2. The Shardopasak Shikshan Sanstha, Aurad Shahajani Tq.

Nilanga, District Latur is a public trust registered under the

Maharashtra Public Trusts Act, 1950 vide PTR No.F-144/Latur

as well as under the Societies Registration Act, 1860. Petitioner

claims himself to be the life member of the Trust as well as

interested person and beneficiary of the trust as stipulated

under section 2(10)(d)(e) of the Act.

3. Petitioner submitted change report no.383 of 2024

along-with the application ME No.384 of 2024 for provisional

acceptance of change report before the Deputy Charity

Commissioner, at Latur. The learned Deputy Charity

Commissioner, Latur rejected ME No.384 of 2024 by the

impugned order dated 8.7.2024. Aggrieved by order of Deputy

Charity Commissioner, petitioner filed Revision Application

no.93 of 2024 before the Joint Charity Commissioner, at Latur

alongwith an application below Exhibit-7 seeking interim

arrangement for administration of the trust, however, Joint

Charity Commissioner did not pass any necessary orders.

Ultimately, revision application no.93 of 2024 came to be

rejected. Hence, this writ petition.
3 wp 7300.25.odt

4. The petitioner contends that at the request of the

members, the petitioner conducted elections of the Trust in a

meeting dated 15.5.2024 and sought provisional acceptance of

the change report. The Deputy Charity Commissioner as well

as the joint Charity Commissioner observed that petitioner was

neither president nor the Secretary of the Managing

Committee during last tenure of trustees. There is nothing on

record to show that petitioner was authorized to convene

meeting for elections of the Managing Committee. He never

sought directions from competent authority for conduct of

elections. Record shows that CR No.1304 of 2019 in respect of

last election has been decided by the Deputy Charity

Commissioner vide his order dated 22.4.2024. In that

judgment categorical finding has been recorded that Mr.

Vyankatrao Bhingole, Mr. Baburao Bhandare and Mr. Ramrao

Thete were not members of the Trust. However, in present

change report, they are shown as incoming trustees. Although,

the appeal is filed against decision of Deputy Charity

Commissioner in CR No.1304 of 2019, fact remains that, as on

today there is nothing to show that aforesaid persons were

members of the trust.
4 wp 7300.25.odt

5. In wake of such state of affairs, prima facie opinion

expressed by the Deputy and Joint Charity Commissioner that

provisional acceptance to CR No.383 of 2024 cannot be

granted appears to be just and proper.

6. Mr. Gastgar, learned advocate appearing for the

petitioner would submit that since there is no authorized

Managing Committee at place, it is necessary to appoint a fit

person or administrator on the trust for looking day-to-day

affairs till the final decision in pending change reports

submitted by rival groups.

7. Apparently, learned Joint Charity Commissioner has

observed in the impugned order that in such a situation,

powers under section 41-A of the Maharashtra Public Trusts

Act can be exercised by the Deputy Charity Commissioner.

Admittedly, an application under section 41-A of the Act has

been filed before the Deputy Charity Commissioner.

8. In wake of pendency of the application before the

Deputy Commissioner, this Court need not delve into aspect of

interim arrangement for Management of the Trust, however, it

is expected that the Deputy Charity Commissioner shall take
5 wp 7300.25.odt

his decision expeditiously after hearing the rival groups and in

any case within a period of Ten (10) weeks from today.

9. In that view of the matter, writ petition stands rejected.

No costs. Pending civil application, if any, also stands disposed

of.

( S. G. CHAPALGAONKAR, J. )
…
aaa/-f

Continue reading with your account

Checking your session…