Two writ petitions challenging a judgment ordering trust elections were disposed of as infructuous since the elections were already held and the matter was transferred to a pending enquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETN. NO.4910/2011
Dnyaneshwar Vitthalrao Chamat
-vs-
Deputy Charity Commissioner, Nagpur and others
WRIT PETN. NO.4575/2011
The Pragati Cooperative Housing Society Ltd., Nagpur and another
-vs-
Dnyaneshwar Vitthalrao Chamat and others
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
W.P.No.4910/2011
Shri N.D.Khamborkar, counsel for the petitioner.
Shri V. Thakare, AGP for the respondent No.1.
Shri Prashant Gode, counsel for the respondent Nos.2 and 3.
W.P. No.4575/2011
Shri Prashant Gode, counsel for the petitioners. Shri N.D.Khamborkar, counsel for the respondent No.1.
CORAM : SMT. VASANTI A. NAIK & SUNIL P. DESHMUKH, JJ.
DATE : 05.09.2012.
These two writ petitions arise out of the impugned judgment dated 13/07/2011 passed by the Deputy Charity Commissioner, Nagpur allowing an application filed by the respondent Nos.2 and 3 in Writ Petition No.4910/2010 and the petitioners in Writ Petition No.4575/2011 under Section 41A of the Bombay Public Trusts Act, 1950 thereby directing the Trust to hold the elections as per the provisions of law.
The petitioner in Writ Petition No.4910/2011
has challenged the impugned judgment dated
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13/07/2011 on the ground that the term of office of the previously elected body had not expired and hence, the elections could not have been directed. This fact is however seriously disputed by the counsel for the respondent No.2 in Writ Petition No.4910/2011. Apart from the fact that there is a serious dispute in regard to the expiry of the term of the members, it appears on a reading of the impugned judgment dated 13/07/2011 that this contention was not specifically raised by the petitioner in Writ Petition No.4910/2011 before the Deputy Charity Commissioner.
It is not in dispute that in pursuance of the elections held in view of the judgment dated 13/07/2011, a Change Report has been filed by the petitioner in Writ Petition No.4910/2011 and the respondent No.2 has appeared in the same and has sought time to file reply. It, therefore, appears that the impugned judgment dated 13/07/2011 has been implemented and the elections are held. The petitioners in Writ Petition No.4575/2011 have challenged the same judgment dated 13/07/2011 on the ground that the Deputy Charity Commissioner ought to have appointed an independent person to hold the elections.
It is however made clear to this Court by the learned counsel for the petitioner in Writ Petition No.
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4910/2011 that the elections have been held and the impugned judgment has been implemented. The learned counsel for the petitioners in Writ Petition No.4575/2011 states that had the elections been conducted by an independent person, they would have been held in a just and fair manner. However, since an independent person was not appointed, this has not happened.
The issues involved in both the writ petitions need not be considered as the impugned judgment has been implemented by the parties and the elections to the Trust have been held. The validity or the correctness of the elections would be decided in the Change Report Enquiry pending before the Deputy Charity Commissioner. The cause for filing the writ petitions have been rendered infructuous due to the holding of the elections in pursuance of the directions issued in the impugned judgment dated 13/07/2011.
Hence, the writ petitions are disposed of with
no order as to costs.
JUDGE JUDGE
KHUNTE
Dnyaneshwar Vitthalrao Chamat
Deputy Charity Commissioner, Nagpur
The Pragati Cooperative Housing Society Ltd., Nagpur
Dnyaneshwar Vitthalrao Chamat
Vasanti A. Naik
Sunil P. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
