Rupesh Prabhakar Musale vs Assistant Charity… — Writ and Judicial Review | Bombay HC (2026)

Rupesh Prabhakar Musale vs Assistant Charity… — Writ and Judicial Review | Bombay HC (2026)

What the court decided

AI extract

Outcome

By consent, respondent No.2 directed to conduct a fresh election of the Managing Committee of respondent No.3 - Trust in accordance with respondent No.1's directions dated 28th January 2026 in Inquiry Application No. 601 of 2025, expeditiously on or before 31st August 2026, without taking into consideration or being influenced by the observations in the order dated 29th January 2026 in Inquiry Application No. 22 of 2026; contentions on the objection to membership of respondent No.3-Trust kept open.

Issue for consideration

Whether, while complying with respondent No.1's directions dated 28th January 2026 in Inquiry Application No. 601 of 2025 (fresh election of the Managing Committee of respondent No.3 - Trust), the observations made in the impugned order dated 29th January 2026 in Inquiry Application No. 22 of 2026 should be excluded and the exercise conducted without being influenced by them.

Court's answer

Respondent No.2 shall conduct a fresh election of the Managing Committee of respondent No.3 - Trust in accordance with the directions issued by respondent No.1 dated 28th January 2026 in Inquiry Application No. 601 of 2025, expeditiously on or before 31st August 2026.

Ratio / Principle

It is clarified that while conducting the fresh-election exercise, the observations made in the order dated 29th January 2026 passed by respondent No.1 in Inquiry Application No. 22 of 2026 shall not be taken into consideration, and the exercise is to be carried out without being influenced by those observations.

Key takeaways

The contentions of all the parties with respect to the objection to the membership of respondent No.3-Trust are expressly kept open.obiter¶27

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT BOMBAY (KOLHAPUR CIRCUIT BENCH) — Writ Petition No. 1132 of 2026 (Jamdar & Patil, JJ.; decided 7 May 2026): By consent, writ petition under Article 226 challenging the order dated 29 January 2026 of the Assistant Charity Commissioner, Sindhudurg Division, in Inquiry Application No. 22 of 2026 (treated as filed under S. 41A, Maharashtra Public Trusts Act, 1950) disposed of. Respondent No.2 directed to conduct a fresh election of the Managing Committee of respondent No.3 - Trust in accordance with respondent No.1's directions dated 28 January 2026 in Inquiry Application No. 601 of 2025, expeditiously on or before 31 August 2026; clarified that the observations in the 29 January 2026 order shall not be taken into consideration nor influence that exercise. Contentions of all parties on the objection to the membership of respondent No.3-Trust expressly kept open.

917-1132-2026-CWP-U=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 1132 OF 2026

Rupesh Prabhakar Musale … Petitioner

Digitally Rupesh Prabhakar Musale … Petitioner signed by UDAY UDAY SHIVAJI Versus SHIVAJI JAGTAP JAGTAP Date:2026.05.07 20:45:38 Assistant Charity Commissioner, Sindhudurg Region, … Respondents

+0530 Sindhudurg and Ors.

Mr. Chetan G. Patil for the Petitioner.

Mr. Shrikrishna Ganbavale a/w Mr. Umesh Samant i/b Advait Vajaratkar for Respondent Nos. 3 to 11.

Ms. T.J. Kapre, AGP for the Respondent Nos. 1 and 2 - State.

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 7^th MAY, 2026.

P. C. :

1. Heard Mr. Chetan Patil, learned counsel appearing for the petitioner, Mr. Ganbawale, learned counsel appearing for respondent Nos. 3 to 11 and Ms. Tejas J. Kapre, learned AGP for respondent Nos.1 and 2.

2. By the present Writ Petition filed under Article 226 of the Constitution of India, challenge is to the legality and validity of order dated 29^th January 2026 passed by Assistant Charity Commissioner, Sindhudurg Division, Sindhudurg in Inquiry Application No. 22 of 2026.

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Uday S. Jagtap

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3. It is the main submission of Mr. Patil, learned counsel for the petitioner that the said Inquiry Application No. 22 of 2026 has been treated by the respondent No.1 as filed under Section 41A of the Maharashtra Public Trusts Act, 1950 (for short “said Act”). It is submitted that the petitioner has no objection if the order dated 28^th January 2026 passed by respondent No.1 in Inquiry Application No. 601 of 2025 is followed. However, he submits that various observations made in the impugned order dated 29^th January 2026 will affect the decision to be taken pursuant to the directions issued dated 28^th January 2026. He, therefore, submits that it be clarified that while complying with the order dated 28^th January 2026 passed in Inquiry Application No. 601 of 2025, various observations made in order dated 29^th January 2026 passed by respondent No.1 in Inquiry Application No.22 of 2026, should not be taken into consideration and the said exercise as directed by said order dated 28^th January 2026 be conducted without influenced by the observations made in the said order dated 29^th January 2026.

4. We have heard Mr. Ganbavale, learned counsel appearing for respondent Nos.3 to 11 yesterday. He, on instructions, stated that respondent Nos. 3 to 11 had no objection to the said course of action.

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Uday S. Jagtap

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5. Accordingly, by consent of the parties, the following order is passed:-

O R D E R

(i) The respondent No.2 shall conduct fresh Election of Managing Committee of respondent No.3 – Trust in accordance with the directions issued by respondent No.1, dated 28^th January 2026 in Inquiry Application No. 601 of 2025, expeditiously on or before 31^st August 2026.

(ii) However, it is clarified that while conducting the above exercise, various observations made in the order dated 29^th January 2026 passed by respondent No.1 in Inquiry Application No.22 of 2026 should not be taken into consideration and the said exercise be carried out without being influenced by the observations made in the order dated 29^th January 2026.

6. Accordingly the Writ Petition is disposed of in the above terms. The contentions of all the parties with respect of the objection to the membership of the respondent No.3-Trust are expressly kept open.

[PRAVIN S. PATIL, J. ] [MADHAV J. JAMDAR, J.]

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Uday S. Jagtap