DHANANJAY BALWANT PANDE Vs. MUKESH MAHAVIRPRASAD KHARE

JUDGEMENT

(1.) An order passed by the learned Joint Charity Commissioner condoning delay in filing Change Report proceedings by the respondent No.1 is under challenge.

(2.) Shri S. D. Abhyankar, learned counsel for the petitioner submitted in view of the order passed under Section 41-D of the Maharashtra Public Trusts Act, 1950 (for short, the said Act), two Trustees came to be removed with a direction to fill in those vacancies and filing a Change Report. Though the said order was passed on 02/07/2015 the election in question was conducted only on 24/01/2016 and the Change Report in that regard was filed on 06/08/2016 with a delay of almost 300 days. According to him in the application for condonation of delay no sufficient cause was shown by the respondent No.1. Similarly, though the petitioner relied upon various decisions while opposing the prayer for condonation of delay the same had not been considered by the learned Deputy Charity Commissioner. He placed reliance on the decision in Writ Petition No.6078 of 2015 (Andeo Vithoba Dongre and anr. vs. The Deputy Charity Commissioner and anr.) decided on 10/02/2017 and submitted that the impugned order was liable to be set aside.

(3.) Shri A. Bhise, learned counsel for the respondent No.1 supported the impugned order. According to him two Trustees who were removed by order dated 02/07/2015 had filed an appeal and Writ Petition No.5354 of 2015 in that regard was also pending. Since the respondent No.1 was awaiting the outcome of those proceedings, the delay was caused.