Writ Petition No. 1768 of 2021 · Bombay High Court

11.08.2026DATE OF PRONOUNCING THE JUDGMENT : 19.08.2026 wp 1768-2021.odt3 JUDGMENT 1. Heard.

The petitioners herein challenged the order dated01.08.2016 passed by Assistant Charity Commissioner, Yavatmal, in Misc. Application No.25 of 2011, whereby the application filedby the Union Biblical Seminary Association for amendment of the Constitution of the Society, was allowed.

The present petition is filed by Union BiblicalSeminary Association through its Principal, Dr. Praveen Paul, whowas an ex-Principal and Dr. William Sarasamma Annie, who isholding the post of Principal/Secretary of the Association. Thecontention of the petitioners in the present petition is that the Assistant Charity Commissioner, Yavatmal, while deciding theapplication, did not consider the material factors brought to hisnotice in the matter and, therefore, the order passed by the Assistant Charity Commissioner dated 01.08.2016 is liable to bequashed and set aside. wp 1768-2021.odt4 4. Before considering the merits of the matter, it will berelevant to consider the events took place from the date ofimpugned order till filing of present petition before this Court. The record depicts the fact that the Union Biblical SeminaryAssociation was registered under the provisions of SocietiesRegistration Act, 1860, bearing Registration No. 60/1955-56. TheAssociation was having its Constitution to govern the affairs ofthe Association. According to the said Constitution of the Society, the Principal of the Seminary shall be the Honorary Secretary ofthe Association and the governing body. The Association may sueor be sued in the name of Honorary Secretary or his/her nomineeat the expenses of the Association.

The record further shows that the then Principal ofthe Seminary namely Dr. Shekhar Singh has filed a proceeding onbehalf of Union Biblical Seminary Association before the Assistant Registrar of Societies, Yavatmal by invoking the powersunder Societies Registration Act and seeks amendment to the Constitution of the Society as approved by the General Body ofthe Society. The said application was allowed by impugned order wp 1768-2021.odt5 dated 01.08.2016.

After allowing the application by the AssistantCharity Commissioner, Yavatmal, the further proceedings werefiled before the Assistant Charity Commissioner vide applicationNo.179 of 2018 for registering the Society under the provisionsof Maharashtra Public Trusts Act and prayed for registrationcertificate under the provisions of Bombay Public Trusts Act. Thesaid application filed by one Pramod Waskar was allowed by Assistant Charity Commissioner, Yavatmal by his order dated27.09.2018 and the trust was directed to be registered as per thefinding recorded and certificate of “F” be issued to applicantPramod Waskar.

In pursuance of the order of Assistant CharityCommissioner, Yavatmal dated 27.09.2018, the registrationcertificate was issued and the Association was renamed as UnionBiblical Seminary Society, Yavatmal having registration No. F-19514. wp 1768-2021.odt6 8. After issuance of the registration certificate underthe provisions of Public Trusts Act, the functioning of the Societywas carried out from the financial year 2018–19 and the presentpetitioner No.2, who was then Secretary/Principal, has madevarious communication to the different authorities. It is seenfrom the record that on 27.02.2019, he has submitted a budgetbefore the Assistant Charity Commissioner of the Society forfinancial year 2019–20. Along with the said document, he hasalso produced the details of the trustees to the CharityCommissioner as required under the provisions of Public TrustsAct.

It is further seen from the record that in the year2020, the services of petitioner No.2, Dr. Praveen Paul, wasterminated with effect from 25.06.2020 by Union BiblicalSeminary Society, and, therefore, he has filed Writ PetitionNo.2149 of 2020 before this Court against the termination. In hispetition, he has specifically stated that the Society, which wasearlier registered under the Societies Registration Act, was now wp 1768-2021.odt7 registered under the provisions of Maharashtra Public Trusts Act. The said Society is an Educational Society and runs UnionBiblical Seminary College at Pune and School at Bibewadi, Pune.

In the said writ petition, after issuing of notices bythis Court on 13.07.2020, petitioner No.2 suo-motu withdrawnthe writ petition by stating that he has been reinstated in service. But the order do not show that by relying any order, suchstatement was made and on that basis, the petition waswithdrawn.

It is pointed out from the record that againstpetitioner No.2 and other persons who were interfering in theadministration of the Society, the application was moved under Section 41-E of Maharashtra Public Trusts Act by the UnionBiblical Seminary Society, Yavatmal and its trustees to restrainpetitioner No.2 and others from operating the bank account of Society. The said application was allowed by the Joint CharityCommissioner vide order dated 11.08.2021, and petitioner No.2 wp 1768-2021.odt8 and other non-applicants therein were restrained from operatingor withdrawing the amount from the bank accounts.

It is further pertinent to note that the order passedby the Assistant Charity Commissioner dated 27.09.2018 waschallenged by petitioner No.2 in Revision No.14 of 2021 beforethe Joint Charity Commissioner Amravati. In the said revision, petitioner No.2 by representing himself as Principal/Secretary ofthe Society has filed the proceeding. In the said proceeding, hehas only impleaded Pramod Waskar and Dr. David Samuel as anecessary party. The Joint Charity Commissioner considering hissubmission has allowed the Revision vide judgment dated28.01.2022 and remanded the matter for fresh inquiry before the Assistant Charity Commissioner Yavatmal.

The said judgment was then challenged by PramodWaskar in Writ Petition No. 2361 of 2022 before this Court. ThisCourt by considering the fact that the petitioner No.2, despitehaving knowledge of registration of Association as Trust without wp 1768-2021.odt9 impleading the Society as a necessary party to the proceeding, the judgment and order passed by the Joint CharityCommissioner, Amravati dated 28.01.2022 was quashed and setaside. The proceeding were restored back on the file of the JointCharity Commissioner, Amravati with direction to decide afreshafter giving sufficient opportunity to the parties including the Union Biblical Seminary Society and directed all the parties toappear before the Joint Charity Commissioner, for fresh decision.

After the direction of this Court, the Joint CharityCommissioner, Amravati, then decided afresh, the RevisionApplication No.14 of 2021 by taking into consideration entirefacts of the matter and by its judgment dated 16.04.2024dismissed the Revision filed by petitioner No.2.

In the background of this factual position, thepetitioner has filed the present writ petition in the year 2021without disclosing all these material facts to this Court, whichwere well within knowledge of petitioner No.2 in the matter. wp 1768-2021.odt10 16. The respondents who appeared in response to thenotices issued by this Court has filed their affidavit and raised thepreliminary objection of delay, non-joinder of necessary party, the locus standi of the petitioners, and maintainability of thepetition. In their reply, all these events which were taken placeup to year 2024 were brought to the notice of this Court.

In the background of this factual position, in myopinion, the issue of delay is important to be dealt with in thepresent matter. In the present case, the order which is underchallenge is of dated 01.08.2016. The petition is filed before this Court on 30.03.2021. But in the entire petition, there is noexplanation of delay to challenge the impugned order before this Court, nor the petitioners have pointed out the events took placeduring the period from 2016 to 2021 in the matter.

In the present case, it is seen from the record thatafter the order passed by the Assistant Charity Commissionerdated 01.08.2016, subsequent events are important to decide the wp 1768-2021.odt11 issue in the matter. So also, the conduct of petitioner No.2 is alsonecessary to be noted down in the matter. Admittedly, the Association get converted into the Society and received theregistration certificate on 27.09.2018. The petitioner No.2accordingly, after registration of the society, has submitted theaudit report to the Assistant Charity Commissioner as requiredunder the provisions of law. Thereafter, his services wereterminated by the Society on 25.06.2020. The said terminationwas challenged by him before this Court in Writ Petition 2149 of2020. The said petition was withdrawn by him on his own.

The trustees has filed the proceeding under Section41-E before the Joint Charity Commissioner against the petitionerNo.2 and other persons, wherein the order was issued by the Joint Charity Commissioner restraining petitioner No.2 fromoperating the bank accounts.

In the circumstances, it is clear that only because alladverse orders passed against petitioner No.2, he has challenged wp 1768-2021.odt12 belatedly the order dated 01.08.2016 i.e. almost after 5 years, before this Court with prejudice mind. The reason for challengeis very much clear that petitioner No.2, who was terminated andrestrained from working in the Society, having nurtured apersonal grudge against Society, approached by way of petitionto settle his personal score in the matter. Therefore, the delay insuch matters cannot be considered in a liberal manner. Theperson who does not approach with clean hands before this Court cannot seek equity. Hence, the petition, in my consideredopinion, is not tenable on the ground of delay and laches, on thepart of petitioners in the matter.

In the present case, from the above undisputeddocuments, it is further clear that petitioner No.2 was well awareabout the order dated 01.08.2016 passed by the Assistant CharityCommissioner. But to demonstrate that Association, till date isfunctioning, therefore, added petitioner No.3 in the array ofpetitioners in the capacity of Principal/Secretary of the Association in the present proceeding on 03.12.2024. The above- wp 1768-2021.odt13 said facts clearly shows that the Association which was registeredunder the Societies Registration Act was duly registered as Society by the order of Assistant Charity Commissioner dated27.09.2018. Thereafter, various proceedings were filed beforethe Assistant Charity Commissioner and same were alsocontested by petitioner No.2 on merits. In the circumstances, petitioners have no locus to challenge the order dated01.08.2016, particularly when Association is now functioning as Society. Any indulgence in the matter would amount to turn backthe clock.

It is clear from record that petitioner No.2 who wasdefeated in all the proceeding against Society by taking shelter ofother two petitioners approached before this Court to challengethe initial order dated 01.08.2016 by filing the present petition inthe year 2021. Petitioner No.2 seems to be the person behind toinitiate the proceeding in the matter. But, while filing the presentpetition, it was expected from him to disclose correct factualposition in his petition, but same are suppressed. In my opinion, wp 1768-2021.odt14 non-disclosure of correct facts disqualify him to raise thegrievance before this Court in Writ Petition.

It is pertinent to note that the Petitioner No.3 hasbeen added as a petitioner No.3 on 03.12.2024. The PetitionerNo.3, who is holding the post of Principal/Secretary, has notplaced any document on record that the Society has authorizedhim by any resolution, which is necessary while filing the Petitionon behalf of Society, is placed on record. Therefore, in absence ofany documentary evidence, only Petitioner No.3 being aPrincipal/Secretary of the Society cannot be said to be a valid orlegal person to prosecute the present Petition on behalf of the Society.

It is further pertinent to note that this Court, whiledeciding Writ Petition No.2361 of 2022, has specifically held thatthe revision filed by Petitioner No.2, in absence of Society as anecessary party, held not tenable and thereby quash and set asidethe order of Joint Charity Commissioner, Amravati by specifically wp 1768-2021.odt15 observing in paragraph Nos.6, 7, 8 and 9 of the order dated28.08.2023 in Writ Petition as under:

6. As far as the knowledge about change of nameof 'UBSA' as 'UBSS' and registration of UBSS as Trust, was well within the knowledge of the Principal, whoclaims to be the Secretary of the said Association. Thesame is evident from the Writ Petition LD-VC-CWNo.471 of 2020 which was filed by the respondent-Rev. Praveen Paul as Principal of UBSS and not ofUBSA, as claimed in a proceeding under Section 70Aof the Act of 1950 and the said writ petition wassubsequently withdrawn.7. Undisputably, filing of the proceedings under Section 70A of the Act of 1950 was subsequent to thewithdrawal of the aforesaid writ petition.8. Thus, it appears that despite having knowledgeand though a specific prayer was made seekingcancellation of registration of UBSS, the UBSS was notmade party in the proceeding under Section 70A of the Act of 1950.9. In the above referred backdrop, I do not findfavour with the submission made by the learnedcounsel for the respondent Nos.2 and 3 that, as thepetitioner Nos.1 and 2 were party to the saidproceedings and they did not object on the groundthat UBSS was not made party and therefore, theproceeding is not maintainable, now such objectioncannot be raised.

Accordingly, for non-joinder of Union Biblical Seminary wp 1768-2021.odt16 Society remanded back matter to Joint Charity Commissioner, Amravati.

The Joint Charity Commissioner, during thependency of the present Petition, has considered the grievanceraised by the petitioners in detail, and by the judgment and orderdated 16.04.2024, upheld the order passed by the AssistantCharity Commissioner dated 27.09.2018. Therefore, the orderpassed by the Joint Charity Commissioner to register the Societyhas attained the finality by order of Joint Charity Commissionerdated 16.04.2024. Therefore, unless the order dated 16.04.2024is quashed and set aside, the present petition is otherwise alsonot maintainable.

This Court, while deciding the present petition, hasalso decided Writ Petition No.5173 of 2024, wherein thejudgment and order passed by Joint Charity Commissioner, Amravati, in Revision Petition No.14 of 2021, decided on16.04.2024, was under challenged and thereby upheld the order wp 1768-2021.odt17 passed by the Joint Charity Commissioner. Therefore, in thecircumstances, in view of judgment of Writ Petition No.5173 of2024, which is decided along with present petition, presentgrievance of petitioner do not survive and on this count alsopetition deserves to be dismissed.

For the above reasons, Writ Petition No. 1768 of2021 is accordingly stand dismissed. No order as to the costs. (PRAVIN S. PATIL J.) R.S. Sahare