Disposed

Atmaram Madhavrao Mundhe and Another v. the State of Maharashtra and Others

Bombay HC22 Nov 2016WP/2632/2016

Case brief

AI extract

What is this about?

Petitioners sought writ for immediate elections of a society and restraint on recruitment. Bench adjourned to allow filing before Assistant Charity Commissioner and directed society not to recruit pending that decision. Petition disposed.

What did the court decide?

Adjourned to 5th December 2016 for filing before Charity Commissioner; society directed not to recruit pending such decision; no costs.

Atmaram Madhavrao Mundhe and Another Vs… — Constitutional and Fundamental Rights | Bombay HC (2016)

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35.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 35 WRIT PETITION NO. 2632 OF 2016
WITH CA/4313/2016 IN WP/2632/2016

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ATMARAM MADHAVRAO MUNDHE AND ANOTHER

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners : Mr. Brahme Shailesh P.
AGP for Respondents State: Mrs. V. H. Patil
Advocate for Respondent No.3 : Mr. S. V. Mundhe
Advocate for Respondent No.4 : Mr. U. R. Awate i/by Talekar
and Associates.

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Advocate for the intervenor (CA 4313/16) Mr. A. D. Ostawal

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CORAM: S. V. GANGAPURWALA &
K. L. WADANE, JJ.
 DATE:22nd November, 2016

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ORDER:

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1. Prayer is made by the petitioners against the

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respondents to conduct general elections of Jawaharlal
Education Society, Parli-Vaijnath immediately under the
supervisions of either Revenue officers or officers
from respondent No.2 with further prayer for

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restraining the respondents from recruiting vacancies
of teaching staff and/or disbursing the funds from the
Bank accounts.

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2. It is submitted by the learned counsel for the
respondents and Intervenors that one of the Members of
the Society has moved the concerned Assistant Charity

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35.odt

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Commissioner under section 41-A of the Bombay Public

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Trust Act, 1950 with the same relief i.e. seeking
directions against the respondents for conducting
election. We have asked the petitioners also to move

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the learned Assistant Charity Commissioner. Mr.

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Bramhe, the learned counsel for the petitioners, states
that the petitioners would file appropriate application

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on 5th December, 2016. In view of that the present
respondents and the intervenor shall remain present on
5th December, 2016 before the learned Assistant Charity
Commissioner. The petitioners shall give copies of the
application tendered by him to the respondents and the
intervenors or their advocates on the said date.

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3. The learned Assistant Charity Commissioner
before whom the application would be given shall
endeavour to decide the same expeditiously, preferably
within four months from the date of appearance, as the
said application is for limited purpose seeking
directions against the respondents to conduct election.
Taking the case either way, the term of the trustees as
three years or five years, the said term would come to
an end in 2016.

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4. Till the learned Assistant Charity Commissioner

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2/3

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35.odt decides the said application, the respondent society shall not make fresh recruitment.

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5. Writ petition is accordingly disposed of. No

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costs.

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6. Civil application also stands disposed of.

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(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. )

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JPC

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Atmaram Madhavrao Mundhe and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Atmaram Madhavrao Mundhe and Another v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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