wp 1768-2021.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1768 OF 2021 1. The Union Biblical Seminary Association A Society registered under the Societies Registration Act, 1860 having Office at : the Union Biblical Seminary Ramyanagari Housing Society, Bibvewadi, Pune 411 037 through its Principal 2. Dr. Praveen Paul. Principal / Secretary / Member of the Union Biblical Seminary Association Age: Adult, Occupation Principal, Office at : the Union Biblical Seminary Ramyanagari Housing Society, Bibvewadi, Pune 411037 (M.S.) 3. Smt. Dr. William Sarasamma Annie, aged about 53 years, its Principal/Secretary Office at the Union Biblical Seminary, Ramya Nagari Housing Society, Bibwewadi, Pune-411037 (Added petitioner No.3 as per courts order dated 03.12.2024) … PETITIONERS VERSUS 1. Assistant Registrar of Societies, Yavatmal Region Office at: opp. A C P office 445001, Yavatmal Road, Yerad, 445002. 2026:BHC-NAG:10780 wp 1768-2021.odt 2 2. Rev. Dr. Shekhar Singh Age: Adult, Occupation: Service, Office at: C/o HCC 15 Solapur Road, Hindustani Church, Near Race Course Pune 411 001 3. Rev. Pramod Wasker Age: Adult, Occupation: Service, Residing at: B-/7, Flat No. 503, Bramha Majestic, N.I.B.M. Road, Kondhwa, Pune 411 048 4. Dr. David G. Samuel Residing at: Apartment No. C-302, Arge Helis, Hennur Main Road, Bannglore 560043 Karnataka State 5. Union Biblical Seminary Society PTR NO. F-19514/Yavatmal Add UBSS Yavatmal YCLT near Collector office Yavatmal through its President Dr David G. Samuel (added respondent No.5 as per Court’s order dated 26.03.2026.) … RESPONDENTS ------------------------------------------------------------------------------------------ Shri Bernard John, Advocate a/w Shri Markas Deshmukh, Advocate for petitioners Shri M.V. Samarth, Senior Advocate a/w Shri R.D. Dhande, Advocate for respondent No.4 ------------------------------------------------------------------------------------------ CORAM : PRAVIN S. PATIL , J. DATE OF RESERVING THE JUDGMENT : 11.08.2026 DATE OF PRONOUNCING THE JUDGMENT : 19.08.2026 wp 1768-2021.odt 3 JUDGMENT 1. Heard. 2. The petitioners herein challenged the order dated 01.08.2016 passed by Assistant Charity Commissioner, Yavatmal, in Misc. Application No.25 of 2011, whereby the application filed by the Union Biblical Seminary Association for amendment of the Constitution of the Society, was allowed. 3. The present petition is filed by Union Biblical Seminary Association through its Principal, Dr. Praveen Paul, who was an ex-Principal and Dr. William Sarasamma Annie, who is holding the post of Principal/Secretary of the Association. The contention of the petitioners in the present petition is that the Assistant Charity Commissioner, Yavatmal, while deciding the application, did not consider the material factors brought to his notice in the matter and, therefore, the order passed by the Assistant Charity Commissioner dated 01.08.2016 is liable to be quashed and set aside. wp 1768-2021.odt 4 4. Before considering the merits of the matter, it will be relevant to consider the events took place from the date of impugned order till filing of present petition before this Court. The record depicts the fact that the Union Biblical Seminary Association was registered under the provisions of Societies Registration Act, 1860, bearing Registration No. 60/1955-56. The Association was having its Constitution to govern the affairs of the Association. According to the said Constitution of the Society, the Principal of the Seminary shall be the Honorary Secretary of the Association and the governing body. The Association may sue or be sued in the name of Honorary Secretary or his/her nominee at the expenses of the Association. 5. The record further shows that the then Principal of the Seminary namely Dr. Shekhar Singh has filed a proceeding on behalf of Union Biblical Seminary Association before the Assistant Registrar of Societies, Yavatmal by invoking the powers under Societies Registration Act and seeks amendment to the Constitution of the Society as approved by the General Body of the Society. The said application was allowed by impugned order wp 1768-2021.odt 5 dated 01.08.2016. 6. After allowing the application by the Assistant Charity Commissioner, Yavatmal, the further proceedings were filed before the Assistant Charity Commissioner vide application No.179 of 2018 for registering the Society under the provisions of Maharashtra Public Trusts Act and prayed for registration certificate under the provisions of Bombay Public Trusts Act. The said application filed by one Pramod Waskar was allowed by Assistant Charity Commissioner, Yavatmal by his order dated 27.09.2018 and the trust was directed to be registered as per the finding recorded and certificate of “F” be issued to applicant Pramod Waskar. 7. In pursuance of the order of Assistant Charity Commissioner, Yavatmal dated 27.09.2018, the registration certificate was issued and the Association was renamed as Union Biblical Seminary Society, Yavatmal having registration No. F- 19514. wp 1768-2021.odt 6 8. After issuance of the registration certificate under the provisions of Public Trusts Act, the functioning of the Society was carried out from the financial year 2018–19 and the present petitioner No.2, who was then Secretary/Principal, has made various communication to the different authorities. It is seen from the record that on 27.02.2019, he has submitted a budget before the Assistant Charity Commissioner of the Society for financial year 2019–20. Along with the said document, he has also produced the details of the trustees to the Charity Commissioner as required under the provisions of Public Trusts Act. 9. It is further seen from the record that in the year 2020, the services of petitioner No.2, Dr. Praveen Paul, was terminated with effect from 25.06.2020 by Union Biblical Seminary Society, and, therefore, he has filed Writ Petition No.2149 of 2020 before this Court against the termination. In his petition, he has specifically stated that the Society, which was earlier registered under the Societies Registration Act, was now wp 1768-2021.odt 7 registered under the provisions of Maharashtra Public Trusts Act. The said Society is an Educational Society and runs Union Biblical Seminary College at Pune and School at Bibewadi, Pune. 10. In the said writ petition, after issuing of notices by this Court on 13.07.2020, petitioner No.2 suo-motu withdrawn the writ petition by stating that he has been reinstated in service. But the order do not show that by relying any order, such statement was made and on that basis, the petition was withdrawn. 11. It is pointed out from the record that against petitioner No.2 and other persons who were interfering in the administration of the Society, the application was moved under Section 41-E of Maharashtra Public Trusts Act by the Union Biblical Seminary Society, Yavatmal and its trustees to restrain petitioner No.2 and others from operating the bank account of Society. The said application was allowed by the Joint Charity Commissioner vide order dated 11.08.2021, and petitioner No.2 wp 1768-2021.odt 8 and other non-applicants therein were restrained from operating or withdrawing the amount from the bank accounts. 12. It is further pertinent to note that the order passed by the Assistant Charity Commissioner dated 27.09.2018 was challenged by petitioner No.2 in Revision No.14 of 2021 before the Joint Charity Commissioner Amravati. In the said revision, petitioner No.2 by representing himself as Principal/Secretary of the Society has filed the proceeding. In the said proceeding, he has only impleaded Pramod Waskar and Dr. David Samuel as a necessary party. The Joint Charity Commissioner considering his submission has allowed the Revision vide judgment dated 28.01.2022 and remanded the matter for fresh inquiry before the Assistant Charity Commissioner Yavatmal. 13. The said judgment was then challenged by Pramod Waskar in Writ Petition No. 2361 of 2022 before this Court. This Court by considering the fact that the petitioner No.2, despite having knowledge of registration of Association as Trust without wp 1768-2021.odt 9 impleading the Society as a necessary party to the proceeding, the judgment and order passed by the Joint Charity Commissioner, Amravati dated 28.01.2022 was quashed and set aside. The proceeding were restored back on the file of the Joint Charity Commissioner, Amravati with direction to decide afresh after giving sufficient opportunity to the parties including the Union Biblical Seminary Society and directed all the parties to appear before the Joint Charity Commissioner, for fresh decision. 14. After the direction of this Court, the Joint Charity Commissioner, Amravati, then decided afresh, the Revision Application No.14 of 2021 by taking into consideration entire facts of the matter and by its judgment dated 16.04.2024 dismissed the Revision filed by petitioner No.2. 15. In the background of this factual position, the petitioner has filed the present writ petition in the year 2021 without disclosing all these material facts to this Court, which were well within knowledge of petitioner No.2 in the matter. wp 1768-2021.odt 10 16. The respondents who appeared in response to the notices issued by this Court has filed their affidavit and raised the preliminary objection of delay, non-joinder of necessary party, the locus standi of the petitioners, and maintainability of the petition. In their reply, all these events which were taken place up to year 2024 were brought to the notice of this Court. 17. In the background of this factual position, in my opinion, the issue of delay is important to be dealt with in the present matter. In the present case, the order which is under challenge is of dated 01.08.2016. The petition is filed before this Court on 30.03.2021. But in the entire petition, there is no explanation of delay to challenge the impugned order before this Court, nor the petitioners have pointed out the events took place during the period from 2016 to 2021 in the matter. 18. In the present case, it is seen from the record that after the order passed by the Assistant Charity Commissioner dated 01.08.2016, subsequent events are important to decide the wp 1768-2021.odt 11 issue in the matter. So also, the conduct of petitioner No.2 is also necessary to be noted down in the matter. Admittedly, the Association get converted into the Society and received the registration certificate on 27.09.2018. The petitioner No.2 accordingly, after registration of the society, has submitted the audit report to the Assistant Charity Commissioner as required under the provisions of law. Thereafter, his services were terminated by the Society on 25.06.2020. The said termination was challenged by him before this Court in Writ Petition 2149 of 2020. The said petition was withdrawn by him on his own. 19. The trustees has filed the proceeding under Section 41-E before the Joint Charity Commissioner against the petitioner No.2 and other persons, wherein the order was issued by the Joint Charity Commissioner restraining petitioner No.2 from operating the bank accounts. 20. In the circumstances, it is clear that only because all adverse orders passed against petitioner No.2, he has challenged wp 1768-2021.odt 12 belatedly the order dated 01.08.2016 i.e. almost after 5 years, before this Court with prejudice mind. The reason for challenge is very much clear that petitioner No.2, who was terminated and restrained from working in the Society, having nurtured a personal grudge against Society, approached by way of petition to settle his personal score in the matter. Therefore, the delay in such matters cannot be considered in a liberal manner. The person who does not approach with clean hands before this Court cannot seek equity. Hence, the petition, in my considered opinion, is not tenable on the ground of delay and laches, on the part of petitioners in the matter. 21. In the present case, from the above undisputed documents, it is further clear that petitioner No.2 was well aware about the order dated 01.08.2016 passed by the Assistant Charity Commissioner. But to demonstrate that Association, till date is functioning, therefore, added petitioner No.3 in the array of petitioners in the capacity of Principal/Secretary of the Association in the present proceeding on 03.12.2024. The above- wp 1768-2021.odt 13 said facts clearly shows that the Association which was registered under the Societies Registration Act was duly registered as Society by the order of Assistant Charity Commissioner dated 27.09.2018. Thereafter, various proceedings were filed before the Assistant Charity Commissioner and same were also contested by petitioner No.2 on merits. In the circumstances, petitioners have no locus to challenge the order dated 01.08.2016, particularly when Association is now functioning as Society. Any indulgence in the matter would amount to turn back the clock. 22. It is clear from record that petitioner No.2 who was defeated in all the proceeding against Society by taking shelter of other two petitioners approached before this Court to challenge the initial order dated 01.08.2016 by filing the present petition in the year 2021. Petitioner No.2 seems to be the person behind to initiate the proceeding in the matter. But, while filing the present petition, it was expected from him to disclose correct factual position in his petition, but same are suppressed. In my opinion, wp 1768-2021.odt 14 non-disclosure of correct facts disqualify him to raise the grievance before this Court in Writ Petition. 23. It is pertinent to note that the Petitioner No.3 has been added as a petitioner No.3 on 03.12.2024. The Petitioner No.3, who is holding the post of Principal/Secretary, has not placed any document on record that the Society has authorized him by any resolution, which is necessary while filing the Petition on behalf of Society, is placed on record. Therefore, in absence of any documentary evidence, only Petitioner No.3 being a Principal/Secretary of the Society cannot be said to be a valid or legal person to prosecute the present Petition on behalf of the Society. 24. It is further pertinent to note that this Court, while deciding Writ Petition No.2361 of 2022, has specifically held that the revision filed by Petitioner No.2, in absence of Society as a necessary party, held not tenable and thereby quash and set aside the order of Joint Charity Commissioner, Amravati by specifically wp 1768-2021.odt 15 observing in paragraph Nos.6, 7, 8 and 9 of the order dated 28.08.2023 in Writ Petition as under: “6. As far as the knowledge about change of name of 'UBSA' as 'UBSS' and registration of UBSS as Trust, was well within the knowledge of the Principal, who claims to be the Secretary of the said Association. The same is evident from the Writ Petition LD-VC-CW No.471 of 2020 which was filed by the respondent- Rev. Praveen Paul as Principal of UBSS and not of UBSA, as claimed in a proceeding under Section 70A of the Act of 1950 and the said writ petition was subsequently withdrawn. 7. Undisputably, filing of the proceedings under Section 70A of the Act of 1950 was subsequent to the withdrawal of the aforesaid writ petition. 8. Thus, it appears that despite having knowledge and though a specific prayer was made seeking cancellation of registration of UBSS, the UBSS was not made party in the proceeding under Section 70A of the Act of 1950. 9. In the above referred backdrop, I do not find favour with the submission made by the learned counsel for the respondent Nos.2 and 3 that, as the petitioner Nos.1 and 2 were party to the said proceedings and they did not object on the ground that UBSS was not made party and therefore, the proceeding is not maintainable, now such objection cannot be raised.” Accordingly, for non-joinder of Union Biblical Seminary wp 1768-2021.odt 16 Society remanded back matter to Joint Charity Commissioner, Amravati. 25. The Joint Charity Commissioner, during the pendency of the present Petition, has considered the grievance raised by the petitioners in detail, and by the judgment and order dated 16.04.2024, upheld the order passed by the Assistant Charity Commissioner dated 27.09.2018. Therefore, the order passed by the Joint Charity Commissioner to register the Society has attained the finality by order of Joint Charity Commissioner dated 16.04.2024. Therefore, unless the order dated 16.04.2024 is quashed and set aside, the present petition is otherwise also not maintainable. 26. This Court, while deciding the present petition, has also decided Writ Petition No.5173 of 2024, wherein the judgment and order passed by Joint Charity Commissioner, Amravati, in Revision Petition No.14 of 2021, decided on 16.04.2024, was under challenged and thereby upheld the order wp 1768-2021.odt 17 passed by the Joint Charity Commissioner. Therefore, in the circumstances, in view of judgment of Writ Petition No.5173 of 2024, which is decided along with present petition, present grievance of petitioner do not survive and on this count also petition deserves to be dismissed. 27. For the above reasons, Writ Petition No. 1768 of 2021 is accordingly stand dismissed. No order as to the costs. (PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 20/08/2026 10:49:10