1997 (3) TMI 631 - HC - Indian Laws

Summary

Issues Involved:

1. Whether the present appeals should be treated as second appeals within the meaning of section 100 C.P.C.
2. Whether the amendments made by the learned District Judge to the scheme of the Trust are sustainable or not.
3. What order should be passed.

Issue-wise Detailed Analysis:

1. Whether the present appeals should be treated as second appeals within the meaning of section 100 C.P.C.

The court considered whether the current appeals should be treated as second appeals under section 100 C.P.C., which restricts the High Court's ability to interfere unless a substantial question of law is involved. The court noted that although the applications before the District Judge are in the nature of first appeals, the appeal to the High Court should not be limited by the restrictions of section 100 C.P.C. The court referred to various judgments, including those of the Supreme Court, which clarified that the provisions of the Act should be interpreted without incorporating the limitations of the Code of Civil Procedure, unless explicitly stated. The court concluded that the appeal under section 72(4) of the Act is not limited by section 100 C.P.C. and can be considered on both facts and law.

2. Whether the amendments made by the learned District Judge to the scheme of the Trust are sustainable or not.

Area of Operation:
The Assistant Charity Commissioner had expanded the area of operation to the whole of India, but the District Judge restored it to the districts mentioned in the 1967 scheme. The court agreed with the District Judge, stating that the area of operation should remain as per the 1967 scheme until the general body of the Trust decides otherwise.

Membership of the Trust:
The Assistant Charity Commissioner had allowed each Church to nominate one member, while the District Judge amended it to allow Churches with more than 500 members to nominate two members. The court upheld the District Judge's amendment, finding it reasonable.

Qualification for Membership:
The Assistant Charity Commissioner had allowed any person "belonging to Christian community having origin of Anglican" to become a member. The District Judge amended it to "communicant member of the Church." The court found the term "communicant member" problematic and amended it to "belonging to Christian community and a member of any of the Churches in the Diocese of Nasik District."

Chairman of the Board of Trustees:
The Assistant Charity Commissioner had stipulated that the Chairman should be elected from among the Trustees, while the District Judge made the Bishop the ex-officio Chairman. The court found that making the Bishop an ex-officio Chairman was outdated and undemocratic. It held that the Chairman should be elected from among the trustees, including the Bishop as an ex-officio trustee.

3. What order should be passed.

The court ordered that the seven ad-hoc trustees appointed by the High Court should continue until elections are held. The Assistant Charity Commissioner, Nasik, was appointed as the acting Chairman to oversee the day-to-day administration and conduct elections within four months. The acting Chairman was directed to prepare a voter list and ensure that no new members are enrolled until the elections are held. The court also specified that the ad-hoc committee should not make any policy decisions or alienate Trust property.

Conclusion:

The appeals were partly allowed with specific amendments to the scheme of the Trust. The Assistant Charity Commissioner was directed to act as the interim Chairman and conduct elections. The court confirmed the amendments made by the District Judge, except for the provisions regarding the area of operation, membership qualifications, and the role of the Bishop as Chairman. The court emphasized the need for a democratic process in the management of the Trust.