MAHARASHTRA VIDYARATHI SAHAYAK MANDAL Vs. SURESH DESHMUKH

JUDGEMENT

(1.) Heard Mr.A.V.Anturkar, learned senior counsel assisted by Mr.Ajinkya Udane, learned counsel for the petitioners; Mr.S.R.Ronghe, learned counsel has appeared on behalf of respondent Nos.1 and 2 by filing caveat; and Mr.S.H.Kankal, learned AGP, Maharashtra for respondent No.3.

(2.) Challenge made in this writ petition filed under Articles 226 and 227 of the Constitution of India is to the legality and validity of the order dated 5th May, 2018 passed by the Learned Joint Charity Commissioner, Pune Region, Pune on application filed by respondent Nos.1 and 2 under Section 41E of the Maharashtra Public Trust Act, 1950.

(3.) From the impugned order itself, it is evident that respondent Nos.1 and 2 had filed the related application contending that petitioner No.1-society which is registered under the Maharashtra Public Trust Act, 1950 as well as under the Societies Registration Act, 1860 has not been managed properly by petitioner Nos. 2 to 12. In addition to that, allegations were made that since the year 1982 when petitioner No.1 came to be established, no Annual General Meeting was held till the year 2013- 14. Therefore, prayer was made for restraining the petitioners from managing the affairs of petitioner No.1- society till final decision on the application filed under Section 41E was taken by the learned Joint Charity Commissioner.