Pushpa V. Ganediwala, J. - (1.) This appeal is directed against the judgment and order dated 19/05/2016 passed by the Joint Charity Commissioner, Mumbai, in Application No. 74/2015 which was filed under Section 47 and Section 41-A of the Bombay Public Trust Act, 1950 (Now The Maharashtra Public Trusts Act) whereby the learned Joint Charity Commissioner allowed the application and appointed 10 (Ten)Trustees-Administrators and 9 (Nine) Co-opted Administrators of the Trust by the name Vishwa Punarnirman Sangha, Nagpur. By an Order dated 19/10/2016, the learned Single Judge while hearing this appeal, relied on the Judgment in the Case of Vanmala Manoharrao Kamdi v. Deputy Charity Commissioner , 2012 3 MhLJ 594, 2012 SCC OnLine Bom 688 : which held that orders/directions under Section 41-A of the Act of 1950 are administrative in nature, hence directed to place this matter before the Division Bench for appropriate orders on this point. Accordingly, this appeal came to be placed before the Division Bench. The facts leading to filing of this appeal may be stated as under :
(2.) Vishwa Punarnirman Sangha, Nagpur (World-Reconstruction Society) is a Trust (hereinafter referred to asSangha or Trust), registered under the provisions of the Societies Registration Act, 1860 and the Bombay Public Trusts Act (now Maharashtra Public Trusts Act)(for short "MPT Act") vide Registration No. E-1344(N). The aims and objects of the Sangha is stated in its MEMORANDAM OF ASSOCIATION, and the administration of the Sangha is governed by its ARTICLES OF ASSOCIATION. In furtherance of its aims and objects, the Sangha runs a School by the name Bharti Krishna Vidya Vihar, Telankhedi, Nagpur, having a strength of around 2500 students and around 150 staff members.
(3.) As per Clause 11 of the Memorandum of Association, the administration of the Sangha is being carried on by the Administrative Body constituted in accordance with the Articles of Association. It shall consists of (1) TRUSTEES-Administrators and (2) Co-opted Administrators, ordinarily totaling 19 persons (representing both sexes) as laid down in the Articles of Association.;