VIVEKANAND ATMARAM CHITALE Vs. VIDYA VARDHINI SABHA

JUDGEMENT

(1.) Writ Petition No.3680 of 1983 filed by the Petitioners for seeking various reliefs against the Respondents was by an order passed on 21-10-1983 treated as a contempt petition under S.10 of the Contempt of Courts Act, 1971. By the same order notices were issued only to Respondents Nos.2, 4, 5, 6 and 12 and the writ petition filed by the Petitioners was rejected in limine, restricting the charge of contempt only against the said Respondents.

(2.) Contempt complained of is of the order dated 3rd October 1983 passed by the President, Maharashtra Revenue Tribunal in an appeal preferred by Petitioners, being aggrieved by the order of the Assistant Charity Commissioner, Jalgaon, refusing to grant interim injunction during the pendency of the application filed by the Petitioners under S.51 of the Bombay Public Trusts Act, 1950.

(3.) Petitioners Nos.1 and 2 were the members of the governing council of Vidya Vardhini Sabha, a public trust registered under the Bombay Public Trusts Act and the Societies Registration Act. The governing council consisted of 12 members, whose term, as per the constitution of the Sabha, expired in March 1983. However, as per the provisions of the said constitution the erstwhile governing council continued to function. In August 1983, 9 members of the governing council including the President tendered their resignations. However, on 26th August 1983 some members of the governing council held a meeting and resolved unanimously to hold fresh elections of the governing council. This meeting was attended by both the petitioners and Respondents Nos.7, 10, 13, and 14. Accordingly respondent No.2, Vice-President of the Sabha, who was acting as President after the President submitted his resignation, directed Respondent No.14, the Secretary of the Sabha, to issue a notice for convening a special general meeting of the general body of Vidyavardhini Sabha, for the purpose of electing the office bearers and other members of the governing council. Accordingly, respondent No.4 issued a notice dt. 5th September 1983, convening a special general metting of the Vidyavardhini Sabha at 9 a.m. on Sunday, 9th October 1983 for election of the President, the Vice-President, Secretary and 11 members of the governing council. But before the date of the meeting the petitioner sent by post an application dt. 14-9-83 (sic) to the Assistant Charity Commissioner, Jalgaon, praying for his consent to the suit, which they proposed to file. They also submitted an application for interim injunction restraining the present respondents Nos.2 and 4 (respondents Nos.3 and 4 in the said proceeding), from exercising any assumed power, qua the President and Secretary of Vidyavardhini Sabha. The Assistant Charity Commissioner, after hearing Petitioner No.1 rejected the application for interim injunction on the ground that there was no provision in the Bombay Public Trusts Act or rules made thereunder to grant the relief.