Kishor Tukaram Talele v. The State Of Maharashtra And Others

{1} wp 120.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.120 OF 2015 Kishor S/o Tukaram Talele Petitioner

Versus

The State of Maharashtra and others Respondents Mr.Yawalkar S.B. advocate for the petitioner Mr.G.R.Ingole, AGP for Respondents CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 7th January, 2015.

PER COURT :- The petitioner is a person, whose membership has been canceled and the challenge raised to the order of cancellation is stated to be pending consideration before Civil Court. The petitioner tendered an application to the Assistant Charity Commissioner for issuance of directions to Managing Committee to hold elections under supervision of Officer of Charity Organization, under section 41-A of the Act, and the same has been rejected on 1.1.2015. The application tendered at the instance of the petitioner to the Charity Commissioner has not been entertained for the reason that, only ground agitated by him

{2} wp 120.15.odt that he has been kept away from process of election is not a valid ground and that, objections raised can be considered at the stage of chagge report proceedings under section 22 of the Act. There is no infirmity in the order passed by the Assistant Charity Commissioner. In exercise of powers under articles 226 and 227 of the Constitution, the petition need not be entertained. Petition stands rejected.

(P.R. BORA, J) (R.M.BORDE, J) vbd