The Bombay High Court has set aside an order directing the National Egg Co-ordination Committee to drop the word “National” from its name, holding that authorities under the Maharashtra Public Trusts Act, 1950 (MPT Act) have no jurisdiction to mandate such a change.
The Court found that the Joint Charity Commissioner exceeded its powers by invoking revisionary jurisdiction to alter the name of a registered public trust. It clarified that the statutory scheme of the MPT Act does not empower authorities to examine or decide upon the “suitability” of a trust’s name once registration is granted.
Rejecting the contention that use of the word “National” could mislead the public into believing government patronage, the Court noted that there was no material on record to show any actual confusion among farmers or traders. Mere allegations, it held, were insufficient to justify such interference.
On the reliance placed on the Emblems Act, the Court observed that the law does not prohibit the use of the word “National” per se, but only bars names that suggest government patronage. In the present case, there was no material to demonstrate that the petitioner trust had created any such misleading impression. The finding that declaration of egg prices by the trust caused confusion among farmers and traders was held to be unsupported by evidence, especially in the absence of any complaint from stakeholders.
The Court also held that revisionary powers must be exercised within a reasonable time, typically three years, and found the delayed action unsustainable. Accordingly, the impugned order was quashed and the petition allowed.
Appearances
Mr. Vikram Nankani, Senior Advocate a/w. Mr. Ashishchandra Rao, Ms.Anuli Mandlik i/by Economic Laws Practice for the Petitioner.
Mr. A.I. Patel, Addl. GP. a/w. Ms.A.A.Purav, AGP for the Respondent Nos.1 and 2.
Mr. Nikhil Singhvi a/w. Ms.Shivani Prasad i/by Jayakar and Partners for Respondent No.3.
