Bombay High Court

Bombay HC: Trustee's Removal Challenged Over Legal Procedures

Updated
Jan 18, 2026 10:54 PM
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Here's a breakdown of the conflict involving the Shree Datta Deosthan Trust and the removal of a trustee, Milind Govind Kshirsagar, which took place in the Bombay High Court.

The Main People Involved

The Shree Datta Deosthan Trust, based in Vedant Nagar, Savedi, Ahmednagar, is at the center of this case. The trust is represented by its Trustee Secretary, Sanjay Kshirsagar. The people involved include Milind Govind Kshirsagar and Murlidhar Eknath Rishipathak, who were part of the trust's management.

The Dispute Begins

The case revolves around several requests related to the removal of Milind Govind Kshirsagar as a trustee. The trust filed several reports under the Maharashtra Public Trusts Act, claiming poor management and bad behavior by Milind Kshirsagar.

"On 27.06.2001, a complaint was made about poor management and misuse of funds by the trustees," stated the court documents.

Court Proceedings

The requests were heard by Judge Arun R. Pedneker. The trust argued that Milind Kshirsagar was a permanent trustee but could be removed due to bad behavior. However, the court found that the trust document did not clearly explain how to remove permanent trustees.

Important Dates and Events

  • June 27, 2001: Complaint filed against trustees.
  • February 18, 2010: Assistant Charity Commissioner rejected Change Report No. 557/2003.
  • March 13, 2003: Meeting held to discuss Milind Kshirsagar's removal.

Court's Findings

The court concluded that the trust's actions to remove Milind Kshirsagar were not in line with the trust document or the Maharashtra Public Trusts Act. The court emphasized that only the Charity Commissioner had the authority to remove a trustee.

"The removal of Mr. Milind Kshirsagar was not done according to the law," the judgment noted.

Future Directions

The court directed the Assistant Charity Commissioner to change the trust's rules to include devotees as members, ensuring a more democratic process for choosing trustees.

"The changes to the trust document must be made within six months," ordered Judge Pedneker.

Summary of Verdict

The court dismissed the requests, highlighting the need for clear procedures and democratic involvement in trust management. This case shows the importance of following legal rules in managing religious and charitable trusts.

Tags:
Charitable Trusts
Trust Management
Maharashtra Public Trusts Act