GAJAMAL NAAYAN MALI Vs. SUDHI NARHAR RASAL

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India, filed by the petitioner challenging the concurrent orders of the Courts below and it arises out of the following facts : - 58th Akhil Bhartiya Marathi Sahitya Sammelan is to be held at Jalgaon. For holding this Sahitya Sammelan, a President has got to be elected and the present dispute relates to the election of the President for this Sahitya Sammelan. It is an undisputed fact that till recently the petitioner was the President of the Marathi Sahitya Mahamandal. Now before turning to the merits, it will be necessary to state aqout the Marathi Sahitya Mahamandal and also about its constituents.

(2.) It may be stated at the outset that the Marathi Sahitya Mahamandal has its own Constitution, bye laws and Rules regarding Marathi Sahitya Mahamandal. It is further not disputed that there were some amendments in all these Constitution, bye-laws etc. and the amended Constitution, Bye-laws, etc. came in force on 1st October, 1983. The printed copy of the present Constitution is at page 64 of the paper book. It is further not disputed that the Constitution, as before 1st October, 1983, was also in force and its printed copy is produced at page 88 of the paper book. The Constitution of the Maharashtra Sahitya Mahamandal is mentioned in clause 3 of this Constitution. I may mention here itself that I am referring only to this Constitution existing prior to 1st October, 1983. In this petition before me, the validity of the resolution dated 7-8-1983 passed by the Mahamandal is in question and that is why it will be relevant to point out as to what the Constitution of the Mahamandal was on that day.

(3.) Now, clause 3 of the Constitution speaks of the Constitution of this Mahamandal. Clause (a) lays down that Mahamandal will have Maharashtra Sahitya Parishad, Vidarbha Sahitya Sangh, Nagpur, Mumbai Marathi Sahitya Sangh and Marathwada Sahitya Parishad, Aurangabad, as Ghetak Sansthas. We are not concerned with the representatives of these Bodies. Sub-clause (a) of clause 3 lays down provision for Samavishta Sansthas and clearly says that the Mahamandal has a right by 2/3rd votes to recognise any such body as Samavishta Santha. Then sub-clause (e) of clause 3 relates to Institutions which are known as Sanlagna Sansthas. It is, therefore, apparent that there are three Constituents of this Mahamandal. First constituent consists of Ghatak Sansthas, the second Constituent consists of Samavishta Sansthas and the third Constituent consists of Sanlagna Sansthas. This is further apparent from different clauses of this Constitution. In several other clauses, there is a clear reference to these three different Constituents.