LAWS(BOM)-2022-9-42

UTTAMRAO RAMBHAJI SHELKE Vs. STATE OF MAHARASHTRA

Decided On September 13, 2022
Uttamrao Rambhaji Shelke Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petitioner Uttamrao Rambhaji Shelke in PIL No.98 of 2021 has prayed for quashing and setting aside the impugned order dtd. 16/9/2021 passed by the Principal Secretary, Law and Judiciary Department, Mantralaya, Mumbai appointing the respondent nos.3 to 14 as Members of Managing Committee of Shree Sai Baba Sansthan Trust, Shirdi (hereinafter referred to as "the said sansthan trust") Taluka Rahata, District Ahmednagar. The petitioner has also prayed for an order and direction against the State of Maharashtra to constitute a scrutiny committee headed by a retired Judge of this Court as per Sec. 21(2)(ii) of the Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 (for short "the said Act") by issuing writ of mandamus.

(2.) The petitioner Nikil Manohar Dorle has filed PIL No.100 of 2021 which is transferred from Nagpur Bench to this Bench inter alia praying for writ of certiorari for quashing and setting aside the impugned notification/order dtd. 16/9/2021 and for other reliefs. The reliefs sought in both the petitions and the submissions advanced by both the parties being identical, with the consent of the parties, the petitions were heard together and are being disposed off by this common order. Some of the relevant facts for deciding both the PILs are as under :-

(3.) The petitioner in PIL No.98 of 2021 claims to be a permanent resident of Pimpalwadi, Shirdi, Tal. Rahata, Dist. Ahmednagar and an ardent devotee of the said sansthan trust. The petitioner also claims to be a life member as well as patron member of Bhakta Mandal of the said sansthan trust and claims to have filed several PILs including PIL No.120 of 2019 which was filed for seeking directions to appoint a new Managing Committee of the said sansthan trust.