BALKRISHNA RAMANLAL RAO Vs. KANUBHAI SHIVLALBHAI BRAHMBHATT

JUDGEMENT

(1.) THE petitioner has preferred the petition for challenging the order passed by the Assistant Charity Commissioner dated 20th December, 1994 in the proceedings of Inquiry No. 332 of 1994 whereby the direction was issued to hold the election of two seats which had fallen vacant and the temporary arrangement was made by the Managing Committee on such seats and further five seats by way of regular vacancies, total 7 seats. Such election was ordered to be held and the change report was to be submitted within the prescribed period.

(2.) IT appears that initially when this court ocnsidered the matter on 26th December, 1994, the operation of the order of the Assistant Charity Commissioner was stayed. Thereafter, on 17th June, 1995, the petitioner had moved the amendment and it was stated that after the stay granted by this court, the election of 1/3rd member of the respondent no. 1 - Trust has been held on 1st January, 1995 and five persons are declared elected and it is also prayed that as the election has been held and newly elected members have assumed the office for a period of three years, the challenge would survive only for examining the propriety of the order passed by the Assistant Charity Commissioner. It appears that thereafter this court, on 17th June, 1995, while admitting the matter, granted ad-interim relief to the effect that till the petition is finally disposed of, the election to the vacancy created due to retirement of the members shall be held every year according to law.

(3.) UNDER these circumstances, it appears that as pending the petition, the election of five members has already been held, on account of the regular vacancy of 1/3rd members. So far as the additional two members for which the election was ordered by the Assistant Charity Commissioner is concerned, the said period has also expired by efflux of time. Further, after the interim order passed by this court on 17th June, 1995, the election is ordered to be held every year of the retiring members.