JAYSHRI Vs. YASHWANTRAO MANIKRAO PATIL

JUDGEMENT

(1.) By the present writ petition, the petitioners challenge the order dtd. 20/2/2024 passed by the Deputy Charity Commissioner, Latur Region, Latur (hereinafter referred to as 'Dy.C.C.' for short) below Exh. 24 in Misc. Application No. 1138/2023 filed by the respondent Nos. 1 to 13, seeking directions to conduct the elections of the Managing Committee of the trust - Rural Education Society Murud, Dist. Latur.

(2.) Brief facts, leading to filing of the writ petition are noted below :-Rural Education Society Murud, Taluka and District Latur is an educational trust, having its registration PTR No. F-7 (Latur) under Bombay Public Trusts Act as well as Societies Registration Act. Change Report (hereinafter referred to as 'C.R.' for short) No. 603/2016 was accepted for the period from 2016 to 2021 on 31/1/2017. During same period some vacancies arose for members, which were filled in by filing C.Rs.from time to time. Change Report Nos. 118/2021 and 200/2021 were filed before the Dy.C.C. for election to the term of 2021 to 2026. Both the C.Rs.were rejected by Dy.C.C. Latur vide orders dtd. 5/12/2023.

(3.) Appeal against the order of Dy.C.C. dtd. 5/12/2023 rejecting the above C.Rs.was filed and is pending before Joint Charity Commissioner (hereinafter referred to as 'Jt.C.C.' for short). Meanwhile Misc. Application No. 1038/2023 was filed by the 13 respondents/members before the Dy.C.C. praying therein to hold election to the trust in accordance with the earlier orders passed in the C.Rs.Notices were issued in Misc. Application No. 1038/2023 on 29/12/2023. Application was filed by the present petitioners under Sec. 73-AA of the Maharashtra Public Trust Act for intervention in Misc. Application No. 1138/2023. Intervention application was allowed by Dy.C.C. vide order dtd. 12/2/2024 and liberty was granted to the petitioners to file their say/objections to the Misc. Application No. 1138/2023.