subject matter of this petition has no concern with implementation of any decision which would influence the voters in the assembly. The subject matter pertains to the amount lying in deposit with the Charity Commissioner running into Rs.247 Crores which are not spent since the last 7 years. Many elections have taken place since then. The affidavit filed by the Principal Secretary and Remembrancer of Legal Affairs, Law and Judiciary Department, Mantralaya does not even whisper that the code of conduct is an impediment in the State in issuing directions to the Charity Commissioner to utilize the funds collected under section 58 of the Bombay Public Trust Act, 1951. Therefore, this submission on the part of the State as well as the learned Senior Advocate appearing for the Charity Commissioner does not find favour with this court. The sum total of the expenses which are approved are enumerated in para 6 of the affidavit, the total does not go more than Rs.8 crores, compared to the funds which are lying in deposit in the office of the Charity Commissioner. In para 7 of the affidavit, what has been stated is in respect of the future projection for which the funds would be required. Unless this is implemented, the immediate requirement of the funds do not arise at all. This only shows the apathy on the part of the State Government in implementing the object and purpose of the Act.
