Madhukar Zingar Shahare And Others v. The State Of Maharashtra Thr Secretary, Education And Employ Dept. Mantralaya Mumbai And Others

7.10CAO.1769.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1769/16 IN M.C.A. REVIEW PETITION ST. NO. 19867/16 IN WRIT PETITION NO. 246 OF 2016. (Madhukar Zingar Shahare & others .vs. The State of Maharashtra & others) (Applicant/Respondent No.5 : Adv. Rajendra Sadashiv Lanje) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. K.H. Deshpande, Senior Counsel with Mr. S. Marathe, Advocate for applicant, Mr. A.M. Balpande, A.G.P. for respondent nos. 1 to 4. CORAM : B.R. GAVAI & Z.A. HAQ, JJ.

DATED : OCTOBER 7, 2016.

For the reasons stated, the application for condonation of delay is allowed.

M.C.A. (REVIEW) ST. NO. 19867/16 :

Mr. K.H. Deshpande, the learned Senior Counsel for the review applicant, submits that the observations made by this Court in the order dated 9.2.2016 would come in the way of the applicants in the proceedings before the Authorities under the Maharashtra Public Trusts Act. It is submitted that the petitioners are duly elected on the Managing Committee of the Trust. When the order was passed by us on 9.2.2016 the only issue was with regard to disputes between the Convenor of the Ad-hoc Committee on one hand and the other members of the Committee on the other hand.

There was no occasion for us to consider the effect of the elections, if any, held. The said matter would be exclusively

7.10CAO.1769.16 within the jurisdiction of the authorities under the Maharashtra Public Trusts Act. The Review Application is disposed of with observations that nothing observed in the order dated 9.2.2016 shall be construed to be affecting any of the rights of any of the Trustees claiming to be elected or otherwise. Judge Judge J.