(1.) BY this petition, the petitioners who are the members of the Berar Education Society, Akola, sought modification to the Judgment dated 22.7,1993 passed by the Asstt. Charity Commissioner, Akola, in Inquiry No. 346 of 1992 and direction to the Executive Committee of the respondent No. 2 Society, to hold the election by the secret ballot and secondly that the respondent N. 2 Society should hold the election programme afresh and not on the basis of the nominations which were for the election which was proposed to be held on 13th August, 1989.
(2.) THE respondent No, 2 is the Society registered under the Societies Registration Act and also under the Bombay Public Trusts Act. The respondent No. 2 Society is running schools and colleges in Akola District. The grievance of the petitioners is very limited. According to the petitioners, since 1980, no elections are held by the Management of the Society and, therefore, members approached the Assistance Charity Commissioner, Akola, for a direction to the respondent No. 2 to hold the election and that too by secret ballot papers. The learned Assistant Charity Commissioner, Akola, partly allowed the application filed under Section 41 -A of the Bombay Public Trusts Act, directing the respondent No. 2 to hold the elections within three months from the date of the order. However, the prayer to hold the election by secret ballot, was rejected. Therefore, the petitioners have filed the instant petition.
(3.) SECTION 41 -A is introduced by the Maharashtra Act V of 1985 with effect from 1.8.1985. Amendments made to the Bombay Public Trusts Act, Maharashtra Act V of 1985 provide elaborate provisions regarding the stages that may be taken to prevent the loss of mismanagement in the affairs of the Public Trust.