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3. By the present petition, the petitioners are challenging the order passed by the learned Deputy Charity Commissioner, Nagpur dated 17-4-2015 thereby allowing the applications seeking condonation of delay. It would be necessary to refer to the facts in brief which are peculiar in nature so as to consider the petition. One Navyuvak Education Society, Nagpur is a registered trust under the provisions of the Societies Registration Act, 1860 as well as the Bombay Public Trusts Act, 1950. At the time of formation of the trust and subsequent to formation also, there were 9 donor members of the trust forming the executive committee. On 11-12-2013, at the instance of the respondent no. 2 and five other applicants, an application came to be filed before the learned Joint Charity Commissioner, Nagpur under Section 47 of the Maharashtra Public Trusts Act for appointment as trustees. It was submitted in the application that the applicants are the well wishers of the trust and are regularly participating in the welfare activities of the trust, namely, the activities of schools and other developmental activities of the students. It was submitted that the applicants contributed to the trust either by the cash contribution or by parting away such of 3 jg.wp6078.15.odt properties in favour of the trust. It was submitted that the trust is running six schools at different places in Nagpur, Bhandara and Gondia Districts. The trust was established in the year 1962. One Shri Sukhdeo Dongre and Shri Balkrushna Wasnik were the office bearers of the executive committee of the trust and other members were the founder members. It was submitted that Shri Sukhdeo Dongre was looking after the affairs of the trust and was taking a keen interest in the management of the trust. It was further submitted in the application that since inception of the trust, the various activities were being conducted by the founder members who were the recorded trustees. It was submitted that subsequently during passage of the time, due to death of other trustees, there were only three surviving trustees and they were in their advanced age, as such, the applicants who were actively participating in the activities of the schools and being young age persons, efficient enough to look after the affairs of the institutes run by the trust and thus be permitted/appointed as trustees of Navyuvak Education Society.

5. Per contra, Shri Abhyankar, learned counsel for the respondent no. 2 vehemently submitted that firstly, the petitioners themselves had no locus to oppose the application either the application seeking condonation of delay or the proceedings sought to be initiated in respect of change report. He further submitted that the petitioners are strangers to the trust. He then submitted that till death of Shri Sukhdeo Dongre, the President of the trust, Shri Dongre was handling the affairs of the society vigilantly and properly. He then submitted that other three surviving trustees were in their advanced age and has not being conversant with the legal provisions, the respondent no. 2 approached the authority. He then submitted that as no personal interest of the respondent no. 2 is involved, the respondent no. 2 is taking up the cause of the trust and after getting knowledge of all the relevant factors, he had approached the authorities. Shri Abhyankar, learned counsel then submitted that though the petitioners themselves could have approached the authorities, they failed to approach the authority within reasonable period and they cannot now oppose the respondent no. 2 who 8 jg.wp6078.15.odt approached the authority belatedly. Shri Abhyankar, learned counsel then submitted that the learned Deputy Charity Commissioner committed no error in observing that the judicial enquiry of the change report is requirement of law and rejection of the application would have been resulted in non-enquiry and the same is not the object of the Act.