Lalit & Ors. v. The State of Maharashtra & Ors.

Mr. V.A. Dhakne, advocate for the petitioners. Mr. N.H. Borade, AGP for the respondents/State. …. [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th July, 2010] PER COURT :

Heard learned counsel and learned A.G.P. The petitioners are challenging order dated 23-03-2010, passed by the Assistant Charity Commissioner, in the enquiry No. 709/2008. The learned Assistant Charity Commissioner held enquiry under section 22 of the Bombay Public Trusts Act, 1950 in respect of affairs of the Public Trust called “Shri Bharaivnath Mandir and Dharmashala, Jalna”. The learned Assistant Charity Commissioner came to the conclusion that though there are about 300 members of the community, yet, only 17 members were the valid members of the ( 2 ) Trust, from amongst the eligible members of the community. The strength was increased upto 30 members. The learned Assistant Charity Commissioner directed that elections of the Executive Committee shall be held. The petitioners alleged that they have no objection for holding of elections, but the elections shall be held from amongst members who have been enrolled after 2005 onwards. They have submitted a copy of list of such members. They submitted the copy of list of such members to the Assistant charity Commissioner vide letter dated 12-03-2010 which purportedly is signed by the President of the Trust. The list does not show as to when the membership fees was paid, how they were admitted and whether each of such member is above 18 years of age as required under the constitution of the Trust. The additional membership granted to those members is a disputed question of fact. In this view of the matter, there appears no substantial reason to interfere with the impugned order. The petitioners are, however, at liberty to raise the dispute after filing of change report. Petition is accordingly dismissed. No costs. NPJ/wp3485-10 [V.R. KINGAONKAR] JUDGE