BADRINATH BHIWAJI LANDGE Vs. ANANT SHAMBHUJI RAMTEKE

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned counsel for the rival parties.

(3.) The present writ petition arises out of proceedings initiated under the provisions of the Maharashtra Public Trusts Act, 1950 (hereinafter referred to as the "said Act") concerning a change report submitted before the Assistant Charity Commissioner, Bhandara, in the context of an election conducted in the year 2012, concerning the trust in question called Ankuran Shikshan Sanstha, Khamari (Buti), Tahsil and District Bhandara. The Assistant Charity Commissioner, Joint Charity Commissioner and the District Court have all held against the petitioners on the central issue that arises for consideration, i.e. as to whether 18 persons were validly inducted as members of the aforesaid trust in the year 1999. A lot would turn on the finding that this Court would reach on the aforesaid question, for the reason that according to the petitioners, by the illegal manner in which the 18 members were inducted, the trust was virtually hijacked from the hands of the original trustees, i.e. the petitioners and 6 others. With passage of time, some of the trustees passed away and the dispute is presently being pursued by the 11 petitioners before this Court.