NILIMA RAGHUNATH MALODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule heard forthwith.

(2.) By the present writ petition, the petitioner, who is a Judicial Officer and presently working as Assistant Charity Commissioner and Assistant Registrar of Societies under the Societies Registration Act, has filed the petition with the following prayers:

(3.) The petitioner is a Member of Judiciary. She was posted to work as Assistant Charity Commissioner at Nagpur and is also having the powers of Assistant Registrar of Societies at Nagpur. She has been discharging her duties at Nagpur. On 16.2.2015, Dr. Lata Omprakas Mahto filed a proposal for registration of the society viz. Shanti Bahuudeshiya Shaikshanik Sanstha, Nagpur, under the Societies Registration Act, 1860. It is mentioned at the end of the application that the registration charges of Rs. 50/would be paid and the said society should be registered. The application was received on 16.2.2015 and registered as Application No. 158/15. After the receipt of the application, it was posted to 16.3.2015 for compliance's to be made by the applicant. However, on 12.3.2015 the respondent no.3 appears to have gone to the Office of the Assistant Charity Commissioner and she filed an application for taking the case on Board for filing the documents in support of the proposal submitted by her. The application was placed before the Assistant Charity Commissioner i.e. the petitioner and the petitioner allowed the said application for taking the case on Board and the documents as per her request and then posted the case for orders on 16.3.2015 i.e. original date.