Manoj Kantilal Kotecha v. The Assistant Charity Commissioner And Others

1 38-wp 784-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 784 OF 2021 Manoj Kantilal Kotecha .. Petitioner

Versus

The Assistant Charity Commissioner and others .. Respondents Mr. Pralhad D. Bachate, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondent No. 1. Mr. Nitin V. Gaware, Advocate for Respondent Nos. 2 to 5. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 18th JANUARY, 2021.

PER COURT:- .

We have heard Mr. Bachate, learned counsel for the petitioner and Mr. Gaware, learned counsel for respondent Nos. 2 to 5. 2.

The learned A.G.P. accepts notice for respondent No. 1. 3.

Mr. Bachate, learned counsel for the petitioner and Mr. Gaware, learned counsel for contesting parties are at ad idem that the elections be held under the supervision of an officer / person from the office of respondent No. 1. The request to appoint a senior advocate or a competent person for conduct of elections has been negatived. Both the learned counsel submit for free and fair elections, let the elections be

2 38-wp 784-2021.odt supervised by a personnel from respondent No. 1's office. 4.

In many matters, the office of the Assistant Charity Commissioner orders the elections to be supervised by an independent person.

5.

Considering the above, we pass the following order. 6.

The elections be conducted as directed by the Assistant Charity Commissioner under its order dated 04.01.2021. The Assistant Charity Commissioner shall appoint an officer / personnel from it's office to supervise the elections to be conducted for the office of trustees of Shri Jain Divakar Shikshan Prasarak Mandal, Beed.

7.

With the aforesaid observations and directions, the writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.