Sushil Jetyappa Mendgudali And ORS v. Shikshan Prasarak Mandal Thorugh Secretary And ORS

1 901.5761.18 ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5761 OF 2018

1. Sushil Jetyappa Mendgudali and others .....Petitioners V/s.

1. Shiskshan Prasarak Mandal through Secretary and others ....Respondents Mr. Prasad B. Kulkarni for the petitioners.

Mr. I. M. Khairadi for respondent nos. 1 to 3. Ms. K. N. Sollunke AGP for the State.

CORAM :

NITIN W. SAMBRE AND PRAKASH D. NAIK, JJ.

(VACATION COURT) DATE :

JUNE 1, 2018.

P.C.

Heard. The petitioner claims to be member of respondent no. 1 Trust and has questioned the election programme on various grounds.

2 901.5761.18 Apart from the fact that election programme has already commenced, this Court has its own reservations in entertaining this petition qua the cause raised i.e. election of Public Trust when there is appropriate remedy available to the petitioner. That being so, petition is dismissed with liberty to the petitioner to approach before Competent Authority under the Maharashtra Public Trust Act. Needless to clarify that election which is the subject matter of this petition shall be subject to outcome of the dispute, if any to be filed by the petitioner based on the issue raised in this petition. [PRAKASH D. NAIK, J.] [NITIN W. SAMBRE, J.]