Baburao S/O Jalba Tawde. v. The Joint Charity Commissioner, Nanded Region, Nanded And ORS.

CA 14177/25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 CIVIL APPLICATION NO. 14177 OF 2025 IN FAST/38673/2025 WITH CIVIL APPLICATION NO. 14178 OF 2025 IN FAST/38673/2025 BABURAO S/O JALBA TAWDE.

VERSUS

THE JOINT CHARITY COMMISSIONER, NANDED REGION, NANDED AND ORS.

...

Advocate for Applicant : Mr. Gangakhedkar Shailendra S. AGP for Respondents 1 & 2 : Mr. V.K. Kotecha ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : December 24, 2025 PER COURT :- 1.

Heard the learned counsel for the petitioner. For the reasons stated in the application, the delay of 3 days caused in filing the first appeal is condoned. The application is allowed and disposed of. 2.

The learned counsel for the appellant/applicant submits that in terms of directions issued by the Hon'ble Supreme Court, a fit person is appointed by the Jt. Charity Commissioner, out of 20 applicants before him. According to the petitioner, that appointed/fit person is less fit and ought not to have been appointed in terms of directions issued by the Hon'ble Supreme Court as that person has no experience whatsoever in conducting the trust affairs and he is advocate having 10-12 years of experience when retired district judges were applicants. The learned counsel submits that there is no reason whatsoever given by the Jt. Charity Commissioner as to how the said person is the fit person. The learned counsel submits that now the said fit person would enroll the new members and would be appointing trustees also.

CA 14177/25 2.

Considering the above submissions, issue notice to the respondents, returnable on 7.1.2026. The learned AGP waives service of notice for respondent Nos. 1 and 2. In addition, Hamdast permitted. 3.

The fit person may proceed with the election, however, any decision taken by that fit person would be subject to outcome of the present proceeding.

( ARUN R. PEDNEKER, J. ) ssc/