- (1.)RULE returnable forthwith, Respondents waive service. By consent, taken up for hearing and final disposal.
(2.)THE dispute in the present case relates to a public charitable trust registered under the provisions of Bombay Public Trusts Act, 1950, "the Act". The trust is known by the name of " Shree Sharada Sewa Niketan , Nagpur ". The trust was formed in the year 1963 and, it has been stated that under a registered deed of gift executed on 21st December, 1964, 1 acre of land, out of Khasra Nos. 56, 57 and 65, falling within the limits of the Nagpur Municipal Corporation, came to be vested in the trustees for the specific purpose of advancing the development of women and children.
Originally there were 12 trustees, out of whom, it is common ground, 3 expired, 9 trustees then remained and it has been stated on behalf of the petitioners that even out of these, 6 women trustees had communicated an intention not to be associated in any manner with the aforesaid trust. From 1963 until 1990, no meetings were held and no accounts had been made up: at least, that is the allegation which has been made. At this stage, it is not necessary for this Court to go into the correctness of that allegation. It would suffice to state that an order came to be passed by the learned Joint Charity Commissioner, suspending all the remaining trustees in exercise of powers conferred by Section 41 D of the Act. The proceedings before the Charity Commissioner were set in motion upon a joint complaint which was filed by 3 persons; 2 of the complainants were spouses of petitioner nos. 1 and 4 respectively. The Inspector, who conducted an investigation, took letters of consent from certain persons, who stated that they were willing to act on a body of "fit persons" as ad hoc trustees on a temporary arrangement until the main inquiry was concluded.

(3.)ON 26th April, 2000, the four petitioners together with one Mrs. Sheela Manwatkar and Mrs. Vijaya Chavan , came to be appointed as "fit persons" as a purely temporary arrangement. That order was challenged before this Court in a Writ petition under Article 227 of the Constitution, which was disposed of on 24th August, 2000. This Court remanded the matter back to the Joint Charity Commissioner and one of the issues, which the authority was required to determine was whether it would be appropriate to appoint as fit persons, those, who are not connected with the affairs of the trust. The Joint Charity Commissioner was directed to record a clear finding in regard to each person named in the body of fit persons on the question as to whether it was in the interest of the trust to allow these persons to remain on the body of fit persons as ad hoc trustees.