Shri Shishupal Education Society (Jiwanapur) vs The Assistant Charity Commissioner & Ors.

. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

The petition challenges the impugned order dated 08.07.2022 passed by the Assistant Charity Commissioner, Nagpur below Exhibits 7 and 11 in Change Report No.1868/2012 whereby, the intervention application filed by respondent nos.2 and 3 respectively, came to be allowed.

Learned counsel for the petitioner has submitted that respondent nos.2 and 3 were the Executive Members of the trust. However, their names were scrolled out from Schedule-I of the trust and they ceased to be members of the trust thereafter. Hence, they cannot be termed as persons interested in the affairs of the trust by virtue of Section 2(10)(d) of the Maharashtra Public Trust Act, 1950 (for short “Act of 1950”).

Heard the learned counsels for the respective parties. Having gone through the impugned order, it appears that the learned Assistant Charity Commissioner relied on Section 2(10)(d) of the Act of 1950 to opine that respondent nos.2 and 3, who are the members of the registered society, are persons having interest in the Trust.

Needless to mention that, Section 2 (10)(d) includes members of a society registered under the Societies Registration Act, 1860 as persons having interest in the trust. Just because they ceased to be members of the executive body of the trust and remained ordinary members, it cannot be said that they do not have any interest in the trust. Therefore, the learned Assistant Charity Commissioner, Nagpur has rightly allowed the intervention application filed respondent nos.2 and 3. Thus, no interference is required in the impugned order. Accordingly, writ petition stands dismissed. No order as to costs.

Rule is discharged.