PRAMOD WAMANRAO NEB Vs. VIDYASAGAR SHIKSHAN

JUDGEMENT

(1.) BY this petition, the petitioners seek writ of certiorari for quashing and setting aside the impugned order dated 5.12.2005 passed by the Deputy Charity Commissioner, Aurangabad below application Exh. 26 in Change Report Enquiry No.590 of 2005. The petitioners have further prayed for allowing the application at Exh.26 in Change Report Enquiry No.590 of 2005.

(2.) ACCORDING to the petitioners, they are the members of the respondent trust and their membership is valid as on the date of filing of the petition. It is averred in the petition that the membership fees have been accepted by the society from time to time and the petitioners are duly enrolled as members of the society. According to the petitioners, the election of the respondent trust was held on 10.4.2005 and the petitioners were not allowed to participate and vote at the said election. It is the case of the petitioners that as a result of non-publication of preliminary list of voters and final list of voters by the Election Officer, the valuable right of the petitioners was lost and the present Managing Committee is illegally claiming to be the legal Managing Committee. It is averred in the petition that the respondent has filed a change report under section 22 of the Bombay Public Trusts Act, 1950. The said change report was objected by the founder President of the trust. Being aggrieved with the action of the Election Officer in not permitting the petitioners to vote at the elections, which were conducted on 10.4.2005 as also being aggrieved by the result of the elections held on 10.4.2005 in which the petitioners were not permitted to participate, they submitted an application before the Deputy Charity Commissioner under section 73-A of the Bombay Public Trusts Act, 1950. By this application, the petitioners sought inclusion of their names as party respondents in Change Report Enquiry No.590 of 2005.

(3.) BEING aggrieved by the order passed by the Deputy Charity Commissioner on 5.12.2005, the petitioners filed a revision before the Joint Charity Commissioner, Aurangabad. The Joint Charity Commissioner, Aurangabad, however, rejected the revision application on 23.1.2006 on the ground that the revision application was not maintainable against the order passed by the Deputy Charity Commissioner under section 73-A of the Bombay Public Trusts Act, 1950.