Public Trust in Mumbai

Querist : Anonymous (Querist) 21 November 2010 This query is : Resolved
Public Trust covered under Bombay Public Trust Act 1950.
Trust Rule requires that 4 Trustees be elected by direct elections by the members.Maximum term is for 3 years or till pne resigns or paases away.
3 trustees have reisgned but instead of having elections the fourth Trustee has co-opted members who do not have the trust or the confidence of a majority of the members.
Accounts presented for 2008/9 too are filled with errors so members have refused to approve them without full details being provided.
Trustee now says that even though his term is over he will not call for elections till 2008/9 and 2009/10 accounts are passed as presented by the Auditor without questions.
What does one do legally now.

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Devajyoti Barman (Expert) 21 November 2010
If any of the trustee so willin then he can file petition u/s 34 of the Indian Trusts Act or else file a suit for removal of the Trustee in the principal court of civil jursdicton.

Querist : Anonymous (Querist) 21 November 2010
Sir,
Being covered by the Bombay Public Trust Act 1950 no member of the Trust is allowed to go to a Court without getting permission from the Charity Commissioner.
Cannot get relief under the Indian Public Trust Act either as covered under the BPT Act 1950.

Unfort this is a near impossible task as the setup in this CC office is so time consuming- a member who has complained in June 2009 has obtained no relief whatsoever- was told an Inquiry was initiated but then suddenly the Inspecor carrying out this Inquiry gets transferred n the whole matter has dissappeared.

Querist : Anonymous (Querist) 21 November 2010
Sir,
Can anyone tell me the procedure to file an application under Section 41D/E for removal of a Trustee under the Bombay Public Trust Act 1950