Contempt Petition filed alleging non-conduct of required elections in a Trust despite previous observations by the Deputy Charity Commissioner. Court found no disobedience as it never directed elections.
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1 170.2023CP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
966 CONTEMPT PETITION NO.170 OF 2023 IN WP/4880/2020
DEEPAK HUKUMCHAND DUGGAD AND ANOTHER VERSUS SHRI STHANAKWASI JAIN SANGH SHRIRAMPUR THROUGH PRESIDENT AND OTHERS
Advocate for the petitioners : Mr. V.M. Maney AGP for respondent/State : Mr. G.O. Wattamwar
CORAM : MANGESH S. PATIL &
M.M. SATHAYE, JJ.
DATE : 21 MARCH 2023
PC :
Learned advocate for the petitioners submits that though the parties were before this Court in writ petition no.4880 of 2020 and writ petition was dismissed by referring to observation in paragraph no.25 in the decision taken by the Deputy Charity Commissioner, the elections have not been held. Para nos.25 and 26 of the order in the writ petition read as under :
“25. The learned Deputy Charity Commissioner has observed in his decision that term of Board of trustees came to an end in the year 2017. No election for Board of trustees was held after the year 2017. As such, election for the Board of trustees is necessary for proper administration and accounting of the Trust. The income of the Trust needs to be utilised for the object written in the Constitution. The directions have been issued by the learned Deputy Charity Commissioner in order to take care of the Trust. It was direction in a way in anticipation of certain things.
2 170.2023CP
26. As all parties had conceded for holding the election before the Deputy Charity Commissioner, we are not inclined to invoke our writ jurisdiction. The learned Deputy Charity Commissioner has issued those directions for proper administration and better management of the petitioner – Trust and to put an end the dispute between two groups of Trust. The petitioner can challenge or raise objection to the change report. So also raise issue of membership in appropriate proceedings. The petitioner is not without remedy.”
[ M.M. SATHAYE ] [ MANGESH S. PATIL ] JUDGE JUDGE
sga/
1 issue framed by the court
Whether there is any wilful disobedience of the orders of this Court warranting holding of a contempt proceeding.
DEEPAK HUKUMCHAND DUGGAD AND ANOTHER
SHRI STHANAKWASI JAIN SANGH SHRIRAMPUR THROUGH PRESIDENT AND OTHERS
MANGESH S. PATIL
M.M. SATHAYE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
