LAXMAN JALBA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned counsel appearing for the parties.

(2.) This Petition is filed with the following prayer :-

(3.) Learned counsel appearing for the petitioners submits that, the petitioners have been elected as the President and Secretary of Shri Gajanan Shikshan Prasarak Mandal. In view of the said election, petitioner no.2, who is the Secretary, has submitted a report vide Enquiry Application No.47 of 2016 in the office of Assistant Charity Commissioner. It is submitted that, the various persons including respondent nos.4 and 5 sought intervention in the said Enquiry Application, however, all those applications were rejected by Assistant Charity Commissioner. It is submitted that, the petitioners are in powers of the Managing Committee, in view of elections held by an Officer appointed by the Assistant Commissioner, Hingoli, vide order dated 12th December, 2015, and in view of the same, they cannot be prevented from acting as the office bearers of the aforementioned trust. However, present respondent nos.4 to 8 filed Writ Petition No.6728/2016 in this Court, raising question to the authority of the petitioners to deal with the administration of the management with further prayer to direct present respondent no.3 to ignore communications made by the present petitioners, with further prayer to restrain present petitioners from interfering in the administration of the schools run by the Management. It is submitted that, it appears from the order passed by this Court in Writ Petition No.6728 of 2016 that, this Court was not inclined to entertain challenge raised in the said Writ Petition and the reliefs sought, and therefore, the counsel for the petitioners therein, had made submission that, the petitioners therein would submit a representation to the Deputy Director of Education, within one week from that day, for redressal of their grievances and prayed for direction to decide the same. Accordingly, this Court, vide order dated 28th June, 2016 was pleased to direct the Deputy Director of Education i.e. present respondent No.2 to decide representation made by the petitioners therein, within period of three weeks from the date of filing of such representation, in accordance with law.