Anagha Jayat Kulkarni v. All India Federation Of Tax Practitioners Thro. Secretary

2025:BHC-AS:45924 28 wp 13462 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13462 OF 2025 Anagha Jayant Kulkarni ...

Petitioner versus All India Federation of Tax Practitioners and Ors.

...

Respondents Mr. Vinayak Pandit i/by Mr. Ajinkya Udane, for Petitioner. Ms. M.S.Srivastava, AGP for State.

CORAM: N.J.JAMADAR, J.

DATE :

17 OCTOBER 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to the order dated 25 June 2025 passed by the learned Joint Charity Commissioner, whereby the learned Joint Charity Commissioner has rejected the application to stay the election to the Managing Committee of the trust.

3.

Learned Counsel for the Petitioner submitted that the Petitioner has filed an objection to the Change Report and challenged the elections held in the year 2023. Now, the elections for the term 2025-27 are proposed to be held. Since the Petitioner has already challenged the election for the current term, the election for the ensuing term be stayed. 4.

The fact that a challenge to the Change Report is pending, does not warrant that the election to the managing committee for the succeeding term SSP 1/2

28 wp 13462 of 2025.doc in accordance with the Constitution of the trust, be deferred. In the event, the Petitioner is aggrieved by the Change, which may be reported, after the proposed election, the Petitioner will have the remedy to challenge the same. The learned joint Charity Commissioner was thus justified in declining to stay the election.

5.

The Writ Petition stands dismissed.

6.

The Assistant Charity Commissioner is requested to hear and decide the pending Change Report No.ACC/40-1/5419/2024 as expeditiously as possible.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 18/10/2025 13:02:02