PRABHAKAR WAKTUJI SAPATE Vs. NARAYAN BABURAO DHAKATE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel appearing for the parties.

(2.) By these writ petitions, the petitioner has challenged the legality and correctness of the order passed by the learned Joint Charity Commissioner on 21.1.2016, thereby rejecting the application for grant of stay to the elections being held to the Rani Durgawati Adiwasi Vikas Sanstha Jogi Sakhara, (in short, "the Society"), in compliance with the order passed by the learned Assistant Charity Commissioner on 31.12.2015.

(3.) By the order passed on 31.12.2015, the learned Assistant Charity Commissioner rejected three Change Reports, which were the subject matter of inquiry in Inquiry No.245/2011, 374/2011 and Inquiry No.100/2014. The Change Reports in Inquiry No.245/2011 and 374/2011 were in respect of change of address of the society and removal of petitioner No.1 as secretary of the society respectively. The Change Report in inquiry No.100/2014 was relating to induction of a person in place of petitioner No.1 after his removal. These Change Reports were rejected by the order passed on 31.12.2015. The learned Assistant Charity Commissioner, however, having regard to the failure of respondent No.1 to take appropriate steps in the inquiry No.100/2014, also found that fresh elections to the executive committee of the society were necessary and accordingly by the same order dated 31.12.2015 directed fresh elections to be held within 30 days from the date of order. He also declared that the members, whose names were included in the list of members submitted in inquiry No.245/2011, would be eligible to take part in the elections.