PANJABRAO MOHANJI PHALKE Vs. JEEVAN TULSHIRAMJI PHALKE

JUDGEMENT

(1.) Heard Shri Akshay Naik, the learned counsel for the petitioner; and Shri Atul Chandurkar, the learned counsel for the respondent Nos. 1 and 2. In the proceedings under section 41-D of the Bombay Public Trusts Act, 1950 (for short, "the BPT Act") initiated by way of Application No. 6 of 1995, the learned Joint Charity Commissioner, Nagpur, though dismissed the claim for suspension, removal or dismissal of the Trustees under section 41-D of the BPT Act, has issued certain directions on 3-9-2003, which are the subject-matter of challenge in this writ petition.

(2.) Misc. Application No. 2 of 2004 filed by the petitioner for extension of time to conduct fresh elections of the governing body as per the direction contained in clause (6) of the operative part of the order passed in Application No. 6 of 1995, was also dismissed, by holding that it is open for the applicant to raise all the objections in the proceedings of the Change Report filed pursuant to the elections held on 21-12-2003. Hence, the said order is also the subject-matter of challenge in this writ petition.

(3.) The petitioner is aggrieved by the directions issued on 3-9-2003 after dismissing the proceedings under section 41-D of the BPT Act. Hence, the said directions are reproduced below: