LAWS(BOM)-2007-10-60

SUBHASH SHIVANNA MARGAMWAR Vs. JAGDAMBA SHIKSHAN PRASARAK MANDAL

Decided On October 06, 2007
SHIVRAM AMBAJI KONDE Appellant
V/S
ASSISTANT CHARITY COMMISSIONER, NANDED Respondents

JUDGEMENT

(1.) Rule., Rule made returnable forthwith and heard by consent of the parties.

(2.) Heard Counsel for the parties.

(3.) The grievance of the petitioners in both these petitions is that they are the life members/patron members of the educational Trust called "Shri Jagdamba Shikshan Prasarak Mandal, Mahur". They contended that they were kept away from the election process though they are the members and eligible to participate in the election of the members of the Managing body. It appears that in earlier Writ Petition (W.P.No.4994 of 2006), by order dated 17.10.2006, the Assistant Charity Commissioner was directed to decide as to who are the members/Trustees of the said educational Trust. Thereafter, the election programme was to be set out by appointing an Election Officer. The Assistant Charity Commissioner heard concerned parties and decided the issue regarding membership. He came to the conclusion that there are 26 members of the Trust and would be eligible to participate in the election process.