ASHOK SHREEKRISHNA BEHARAY vs THE JOINT CHARITY COMMISSIONER PUNE AND ANR

Judgment text excerpt

WP8180-2025.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8180 OF 2025 Ashok Shreekrishna Beharay ...Petitioner Versus 1. The Joint Charity Commissioner 2. Maharashtra Technical Education Society …Respondents Mr. Shailendra Kanetkar, i/b Nikhil Dongre, for the Petitioner. SANTOSH SUBHASH Mr. Ram Apte, Senior Advocate, a/w Padmanabh Pise and KULKARNI Sejal Hariyan, i/b P. Padmanabh and Associates, for Digitally signed by SANTOSH SUBHASH KULKARNI Respondent No.2. Date: 2025.10.16 21:35:27 +0530 Smt. M. S. Bane, APP for the State-Respondent No.1. CORAM: N. J. JAMADAR, J. RESERVED ON: 20th SEPTEMBER, 2025 PRONOUNCED ON: 16th OCTOBER, 2025 JUDGMENT:- 1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally. 2. The challenge in this petition is to an order dated 2 nd April, 2025 passed by the learned Joint Charity Commissioner, Pune, on an application under Section 73A for impleadment of the petitioner as a party to a proceeding under Section 36A(3) of the Maharashtra Public Trust Act, 1950 (“the Trust Act, 1950”), whereby the said application came to be rejected. 1/21 WP8180-2025.DOC 3. The background facts necessary for the determination of this petition can be stated as under: 3.1 The Maharashtra Technical Education Society (R2) is a Society registered under the Societies Registration Act, 1860 and a Trust under the Trust Act, 1950. The petitioner claims to be a member of respondent No.2 Trust and also a member of the Board of Control (BOC) of respondent No.2. The petitioner was the Chairman of the BOC of the Trust (R2) from the year 1999 to 2007. The respondent No.2 is a well- known charitable institution, which runs educational institutions including reputed