GAJANAN NARAYAN MALI Vs. SUDHIR 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;

(2.) 58th Akhil Bhartiya Marathi Sahitya Sammelan is to be held at Jalagaon. 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 about the Marathi Sahitya Mahamandal and also about its constituents.

(3.) NOW Clause 3 of this 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 Ghatak Sansthas. We are not concerned with the representatives of each 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 Sanstha. Then Sub -clause (e) of Clause 3 relates to institutions which are known as Salagna 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 Salagna 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.