Ashok Chandmal Lodha And Others v. Shri Jain Divakar Shikshan Prasarak Mandal Through Its Trustees And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.129 OF 2017 Ashok s/o. Chandmal Lodha, Age : 50 years, Occ. Business, r/o. Ganesh Housing Society, Opp Hotel Anvita, Jalna Road, Dist. Beed and others ..Petitioners Vs.

Shri Jain Divakar Shikshan Prasarak Mandal, through its Trustees and others ..Respondents -- Mr.Anjali Dube (Bajpai), Advocate for petitioners Mr.N.V.Gaware, Advocate for respondent nos.1 to 5 Mr.A.B.Girase, Government Pleader for respondent no.7 -- CORAM : V.M. KANADE AND SANGITRAO S. PATIL, JJ.

DATE : JANUARY 06, 2017 PER COURT :

Not on board. Mentioned. Taken on board.

2.

Heard.

3.

The grievance of the petitioners is that time was not given to the members to raise their

2 65-wp129-17.odt objections and on the same day, the voters' list has been accepted. It is submitted that the petitioners' names have been deliberately not considered and excluded from the final voters' list.

4.

It is settled position in law that once the election process begins, Courts are not expected to interfere with the election process. The election process has already commenced on 15.12.2016. The petitioners have alternate remedy to challenge the election process by filing an application under Section 22 of the Bombay Public Trusts Act. Moreover, the Assistant Charity Commissioner while passing the impugned order, has observed that the receipts, on which reliance is placed by the petitioners, do not establish that they are genuine members.

5.

We, therefore, do not see any reason to interfere with the election process at this

3 65-wp129-17.odt belated stage. Reserving the right of the petitioners to raise the dispute and take recourse to the other remedies, which are available under the law, the petition stands disposed of.

[SANGITRAO S. PATIL, J.] [V.M. KANADE, J.] kbp