Mr. Ranjeet Singh Ajmani And ORS v. Mr. Raminder Singh Rajpal And ORS

1 wp-1073.19.docx pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION WRIT PETITION NO.1073 OF 2019 Mr. S. Ranjeet Singh Ajmani and Ors.

... Petitioners Vs.

Mr. Raminder Singh Rajpal and Ors.

... Respondents Mr. Yuvraj P. Narvankar for the Petitioners.

MR. Radhikesh V. Uttarwar for the Respondent Nos.1 to 3. Mr. Gajanan B. Gawai for the Respondent Nos.4 to 10. Mr. Y.S. Khochare, AGP for the Respondent No.16. Mr. Ojas Deolankar for the Respondent Nos.17 and 19. CORAM :

A.S.OKA AND M.S. SANKLECHA, JJ.

DATE :

30th APRIL 2019.

P.C. :

Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the first to third respondents, the learned counsel appearing for the fourth to fifteenth respondents and the learned counsel appearing for the seventeenth to nineteenth respondents. It is not in dispute between the parties that all the parties to Application No.8 of 2018 on which the impugned order dated 21st January 2019 was passed are before this Court. The learned counsel agree that the petition can be disposed of by passing the following order by consent of the parties :-

2 wp-1073.19.docx (1) The appointment of Smt. Ragini Khadake under the impugned order dated 21st January 2019 is hereby set aside. The Assistant Charity Commissioner - II, Pune Region, Pune shall appoint another election officer in place of Smt. Ragini Khadake after giving an opportunity of being heard to the parties;

(2) Such order shall be passed within a period of one month from the date on which an authenticated copy of this order is produced in the office of the learned Assistant Charity Commissioner - II;

(3) The officer so appointed shall make a scrutiny of list of members who are eligible to vote. The officers so appointed shall make a fresh scrutiny notwithstanding the scrutiny, if any, carried out by Ms. Ragini Khadake.

As regards the impugned order dated 21th January 2019, it will be open for the petitioners to prefer a statutory appeal against the said order.

The petition is disposed of on above terms.

(M.S. SANKLECHA, J.) (A.S.OKA, J.)