Jt charity commr superior to all trustees in charitable trust: HC

Nagpur: Flaying the joint charity commissioner here for “non-application of mind” in disputes related to Sai Mandir Trust, the Nagpur bench of Bombay high court clarified that he’s superior to all trustees in a charitable trust and must exercise all his powers.
“The commissioner could be considered to be a pater de trust, some sort of ‘super trustee’ having extraordinary prescience and superlative powers regarding trust affairs in general. His duty is to see that the purpose for which trust’s obligation is to be discharged isn’t defeated and confidence reposed in trustees isn’t betrayed,” a division bench comprising justices Sunil Shukre and Anil Kilor said.
Quoting objectives of the Maharashtra Public Trusts Act, 1950, to regulate and make better provisions of administration of public religious and charitable trusts, the bench said if trustees have to hold office on beneficiary’s behalf and required to discharge their functions and duties, the commissioner’s position is superior in all aspects.
Petitioner Avinash Shegaonkar, through senior counsel Anand Jaiswal and Shreeganesh Abhyankar, had questioned the legality and correctness of commissioner’s three orders passed on November 23, 2015.
In his first application before the commissioner, the petitioner pointed out towards the difference in number of applications actually made for becoming Shri Sai Baba Seva Mandal Trust members and those mentioned in October 29, 2015, public notice for which objections were invited.
The second was in respect of objections taken by petitioner regarding acceptance of applications made by different persons, including trust employees for membership. The third was for granting further time for raising an objection regarding the public notice. All three were rejected on the ground that the objector hadn’t raised any objection to any of membership applications.
While remanding back all disputes raised in petitioner’s applications, the judges told the commissioner to apply his mind before deciding them during fresh hearing which should be completed within three months.
“We find that these orders are result of the commissioner’s non-application of mind to various provisions made in the scheme framed for the trust’s better and efficient management. If objections were raised that the trust employees couldn’t become members and a single person shouldn’t be made patron, life or ordinary member, still some of them were granted membership, then the commissioner was required to consider consequences before allowing such things.”
Partly allowing the petition, the judges said such decisions (rejecting petitioner’s applications) had potential of adversely affecting discharge of confidence reposed in trustees that they would administer in trust for achieving purposes for which it is created. “It included facilitation of offering obeisance and worship by devotees to presiding deity and transparent management of financial, administrative and religious affairs of the trust, all done with a view to be in communion with reverent Shri Sai Baba.”
What HC said
Charity commissioner should be considered to be a pater de trust, some sort of ‘super trustee’
He’s vested with extraordinary prescience & superlative powers regarding trust affairs in general
His duty is to ensure that purpose for which trust’s obligation is to be discharged is not defeated
Erroneous decisions have potential of adversely affecting discharge of confidence reposed in trustees
Petitioner’s earlier applications were rejected due to commissioner’s non-application of mind