Disposed

Santosh Vaijnathrao Mundhe v. Ramesh Uttamrao Mohalkar and Others

Bombay HC28 Jan 2014WP/603/2014

Case brief

AI extract

What is this about?

In Writ Petition No. 603 of 2014, the High Court of Judicature at Bombay Bench at Aurangabad dismissed a prayer for stay pending compromise proceedings. Addressing chaotic rival election campaigns by parties in a trust, the court ordered the Assistant Charity Commissioner to expeditiously conduct elections within two months.

What did the court decide?

Order for the Inspector of the Assistant Charity Commissioner, Parbhani to conduct elections for the Sant Janabai Shikshan Sanstha, Gangakhed within two months.

Santosh Vaijnathrao Mundhe Vs Ramesh Uttamrao Mohalkar… — Cooperative Societies | Bombay HC (2014)

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1 wp 603.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 603 OF 2014

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Santosh Vaijnathrao Mundhe	.. Petitioner
Versus
Ramesh Uttamrao Mohalkar
and others	.. Respondents

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Shri S. V. Warad, Advocate for the Petitioner.

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Shri D. J. Choudhari, Advocate for the Respondent No. 1.

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CORAM : S. V. GANGAPURWALA, J. DATE : 28TH JANUARY, 2014.

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PER COURT :

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. The application for stay is rejected during the pendency of application U/Sec. 72 of the Maharashtra Public Trust Act (for short “Said Act”).

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Heard Mr. Warad and Mr. Choudhari, the learned counsel for respective parties. The learned counsel points out the compromise terms which were settled and filed before the Assistant Charity Commissioner in proceedings U/Sec. 22 of the said Act, wherein it was agreed that both the change reports be dismissed and the elections be held under the supervision of the

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2 wp 603.14

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Inspector of the office of the A. C. C.

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Considering the orders passed, I do not see any perversity in the said order, as such I am not inclined to consider the prayer for stay.

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Even as per the agreement arrived at between the parties fresh elections were agreed to be held and the same were agreed to be held under the supervision of the officer of the A. C. C. It appears that, there are rival parties, wherein each party is publishing separate election programme and the same is resulting in chaotic situation. Considering the above, I pass following order.

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The Inspector of the office of the A. C. C., Parbhani shall conduct the election of the Sant Janabai Shikshan Sanstha, Gangakhed. The said Inspector shall publish the election programme and conduct the said election as per the bye-laws of the said trust expeditiously. He shall complete the said process within a period of two (2) months from today. The writ petition is disposed of.

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[ S. V. GANGAPURWALA, J. ]

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bsb/Jan. 14

Santosh Vaijnathrao Mundhe v. Ramesh Uttamrao Mohalkar and Others

Case brief

What is this about?

What did the court decide?

Santosh Vaijnathrao Mundhe v. Ramesh Uttamrao Mohalkar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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