Ajaykumar S. Yadav And ORS v. The State Of Maharashtra Through G.P. And ORS

503-WP-5598-2024.DOC S.R.JOSHI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.5598 OF 2024 Shri Ajaykumar S. Yadav & Others ... Petitioners

Versus

The State of Maharashtra & Others

...Respondents

Mr. V. V. Tapkir i/b. Mr. Pratik Sabrad and Mr. Amey C. Sawant, for the Petitioners.

Ms. Shruti D. Vyas, Addl. G. P. with Mr. Sachin Kankal, AGP, for the Respondent-State.

_______________________

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATED:

12th APRIL, 2024 _______________________ P.C.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.04.17 15:23:56 +0530 SMITA RAJNIKANT JOSHI Not on board. Mentioned. Upon mentioning, taken on production board.

Heard learned Counsel for the parties.

This Petition under Article 226 of the Constitution of India, prays for the only substantive relief in terms of prayer clause (a), which reads as under:- "(a) by an appropriate, writ order or direction of this Hon'ble Court, this Hon'ble Court be pleased to direct Respondent No.2 to take steps for accepting the change report dated 15.01.2024 filed by Petitioners pursuant to election results of Yadav Sang, Mumbai declared on 08.01.2024, by the Respondent No.3, within period of two weeks."

12 April, 2024

503-WP-5598-2024.DOC Thus the only direction in this Petition is that Respondent No.2 be directed to decide the change report of the Petitioners, which is stated to be pending. Such change report pertains to 15th January, 2024. In the facts and circumstances of the case, we are of the opinion that the Petitioner be permitted to set out urgency before Respondent No.2Assistant Charity Commissioner who shall consider the order of priority to be given to the said proceedings and in accordance with law. Let such application be moved by the Petitioners before Respondent No.2 within a period of ten days from today. If such an application is made, the learned Assistant Charity Commissioner shall take appropriate view of the matter on the adjudication of the change report. All contentions of the parties are expressly kept open. Writ Petition is disposed of. No costs.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) 12 April, 2024