Harvinder Singh Makhija And ANR v. Assistant Charity Commissioner Public Trust Reegistration Office And ORS

WP9949_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9949 OF 2019 Harvinder Singh Makhija and another ...

Petitioners Vs.

Assistant Charity Commissioner and others ...

Respondents Mr. Inderpal Singh Nirmale for Petitioners.

Mr. A. B. Kadam, AGP for Respondent No.1-State. Mr. Ojas Deolankar a/w. Mr. Gajanan Gawai for Intervenor. Mr. R. H. Padalwar, Election Officer, Shri Gurusing Sabha, Pune. CORAM : UJJAL BHUYAN, J.

DATE :

OCTOBER 18, 2019 P.C. :

Pursuant to order passed by this Court on 10.10.2019, Mr. R. H. Padalwar, Election Officer, Shri Gurusing Sabha, Pune cum Inspector, Public Trust Registration Office, Pune Region has submitted report in sealed cover which has been opened in the Court. 2.

As per the report, in the election which was held on 13.10.2019, out of 208 final voters, 130 voters had cast their votes. Two of the votes were found invalid for the reasons mentioned. 27 candidates had contested the election for the office of members of managing committee of the trust.

3.

Respondent No.2 prepared list of 15 candidates who had obtained highest number of votes and were elected as members of managing committee of the trust. The names of the said 15 members and the votes polled by them in the election have been annexed to the report as Annexure-6.

4.

It is stated that the entire election process was video-graphed, D.V.D. of which has been annexed to the report. 1/2

WP9949_19.doc 5.

In view of the developments as above, the election officer shall now declare the result and thereafter necessary steps in terms of the Maharashtra Public Trusts Act, 1950 shall be taken. It will be open to the petitioners or any other person who may feel aggrieved to object to the change report that may be filed consequent upon such election. No opinion on merit is expressed and all questions are kept open. 6.

The report submitted is resealed and returned back to Mr. A. B. Kadam, learned AGP.

7.

With the above observation, Writ Petition is disposed of. (UJJAL BHUYAN, J.) Minal Parab 2/2