Bhogawati Shikshan Prasarak Mandal , Shahunagar… — Writ and Judicial Review | Bombay HC (2025)

Bhogawati Shikshan Prasarak Mandal , Shahunagar… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: the petitioner to apply before the Joint Charity Commissioner for vacation/stay of the ex-parte order dated 20 December 2024 and to press the stay application in Appeal No. 01 of 2025; such application to be decided in accordance with law after notice to all parties within one week of filing; all contentions kept open; no costs.

Issue for consideration

Whether the ex-parte order dated 20 December 2024 passed by the Joint Charity Commissioner directing conduct of the election should be quashed and set aside, and what interim course the petitioner should adopt pending its Section 70 appeal against rejection of Change Report No. 439 of 2022.

Court's answer

The Court held it appropriate for the petitioner to move an application before the Joint Charity Commissioner for vacating or staying of the ex-parte impugned order dated 20 December 2024, and to press for the stay application in Appeal No. 01 of 2025 filed under Section 70 of the Maharashtra Public Trust Act, 1950.

Ratio / Principle

If such an application for stay is made, it is to be decided in accordance with law after notice to all the parties as expeditiously as possible and in any event within one week of filing; all contentions of the parties are expressly kept open.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (G. S. Kulkarni & Advait M. Sethna, JJ.), Writ Petition No. 46 of 2025, decided 09 January 2025: Bhogawati Shikshan Prasarak Mandal sought quashing of an ex-parte order dated 20 December 2024 of the Joint Charity Commissioner (passed on an application of Rajendra Vishwanath Aadke) directing Inspector Ragini Khadke to assist Supt. Patankar and conduct the trust election as early as possible. Against rejection of Change Report No. 439 of 2022 by the Deputy Charity Commissioner, Kolhapur (order dated 18 December 2024), the petitioner had already appealed under Section 70 of the Maharashtra Public Trust Act, 1950 (Appeal No. 01 of 2025) with a stay application, and the election stood notified for 03 February 2025. Rather than decide the writ petition on merits, the Court directed the petitioner to move the Joint Charity Commissioner to vacate or stay the ex-parte order and to press the stay application in the appeal, with a mandate that such application be decided in accordance with law after notice to all parties within one week of filing. All contentions were kept open. Petition disposed of; no costs.

WP 46-25-CORRECTED.DOC

PRAJAKTASAGARVARTAK Digitallysigned byPRAJAKTASAGARVARTAKDate:2025.01.1014:19:00+0530

Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 46 OF 2025

Bhogawati Shikshan Prasarak Mandal, Shahunagar, Parite Tal-Karveer, Dist. Kolhapur

...Petitioner

Vs.

Shri. Jaysing Gopalrao Jadhav-Hujare & Ors.

...Respondents

Mr. S. S. Patwardhan with Mr. Chetan Patil i/b. Mr. Mandar Bagkar for Petitioner.

Mr. H. S. Venegaonkar with Mr. Manoj Sabale and Mr. Aayush Kedia for Respondent Nos.2 & 4.

Ms. P. J. Gavhane, AGP for State.

CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE: 09 JANUARY 2025

P.C.

This writ petition under Article 226 of the Constitution of India is filed praying for a relief that the order dated 20 December 2024 passed by the learned Joint Charity Commissioner on an application dated 20 December 2024 moved by one Mr. Rajendra Vishwanath Aadke be quashed and set aside. The impugned order reads thus:-

“Inspector Ragini Khadke shall assist Supt. Patankar and conduct election as early as possible.”

We are informed by Mr. Patwardhan, learned counsel for the

petitioner that against the rejection of Change Report No. 439 of 2022 by learned Deputy Charity Commissioner, Kolhapur vide an order dated 18 December 2024, the petitioner has already filed an appeal under Section 70 of the Maharashtra Public Trust Act, 1950 along with an application for

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WP 46-25-CORRECTED.DOC

stay before the Joint Charity Commissioner. The petitioner intends to press the stay application and more particularly in view of the impugned ex-parte order dated 20 December 2024 passed by the Joint Charity Commissioner directing conducting of the election. It is informed that the election program has already been notified by the Election Officer and the election is scheduled to be held on 03 February 2025.

In this view of the matter, we are of the opinion that it is appropriate for the petitioner to move an application before the learned Joint Charity Commissioner praying for vacating of the ex-parte impugned order dated 20 December 2024, or stay of the said order by filing an appropriate application, as also press for stay application in appeal No. 01 of 2025 filed under Section 70 of the Maharashtra Public Trust Act, 1950 against the rejection of the change report by the learned Deputy Charity Commissioner, Kolhapur. If such an application for stay is made, the same be decided in accordance with law after notice to all the parties as expeditiously as possible and in any event within one week of the filing of the said application. All contentions of the parties in that regard are expressly kept open.

The petition stands disposed of in the aforesaid terms. No costs.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.)

corrected pursuant to speaking to minutes order dated 10.01.2025

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