Angad Ganpatrao Mane And Others v. The Deputy Charity Commissioner Latur And Others

2025:BHC-AUG:36909 911-wp-11691-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11691 OF 2023 WITH CIVIL APPLICATION NO. 6474 OF 2025 IN WP/11691/2023 WITH CIVIL APPLICATION NO. 9752 OF 2024 IN WP/11691/2023 Angad Ganpatrao Mane And Others

VERSUS

The Deputy Charity Commissioner Latur And Others ...

Advocate for the Petitioners : Mr. Salunke Vasant Digambarrao AGP for Respondent/State : Mr. D.R. Korade Advocate for Respondent Nos.2 to 4 : Mr. B.N. Patil & Ms. Rekha Mohale Advocate for Respondent Nos.5 to 13 : Mr. S.Y. Patil Advocate for Respondent Nos.14 to 38 : Mr. R.D. Biradar ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 16, 2025 PER COURT :

1.

Heard the learned counsel for respective parties. 2.

Present petition is arising out of the order dated 04.08.2023 passed by the Deputy Charity Commissioner, Latur, whereby Deputy Charity Commissioner directed the Inspector to hold the elections of Ganesh Shikshan Prasarak Mandal, Selu, Taluka Ausa, District Latur within 60 days.

3.

Considering the issue involved and without going into the merits of the matter and either of the contention raised by either of the parties, as this was brought to my notice that after 1982,

911-wp-11691-2023.odt (2) admittedly, not a single change report came to be accepted and in view of the fact that the public trust is being registered under the Maharashtra Public Trusts Act, 1950, there has to be elected body which is to be elected through democratic process. The fact remains that after 1982 not a single change report is accepted till this date though it was pointed out by Mr. Salunke that elections were held and three change reports were filed. As the Deputy Charity Commissioner directed the Inspector from the office of Joint Charity Commissioner, Latur to hold the election, I am not inclined to interfere with the impugned order. It is made clear that the Inspector is supposed to consider the objections of all the parties. As per order passed on 28.09.2012, the elections to be conducted through valid and legally enrolled members only. The Inspector from the office of Joint Charity Commissioner, Latur to consider the objections and decide the same by following due process of law and hold the elections within a period of three months from today.

4.

In view thereof, the petition stands disposed of. 5.

Pending civil applications stand disposed of. (SIDDHESHWAR S. THOMBRE, J.) Mujaheed//