Dismissed¶24

Maharashtra Sahitya Parishad Pune Thr. Its Executive President and Ors. v. Pratap Vasantsingh Pardeshi and Ors.

Bombay HC1 Apr 2026WP/4137/2026

Case brief

AI extract

What is this about?

Maintainability of writ petition challenging trust election results; alternative remedy before Charity Commissioner; locus standi of charitable trust (petitioner no.1) to challenge internal elections; refusal to expedite Change Report owing to other pending petitions; Article 226 Constitution of India; Maharashtra Sahitya Parishad Pune; Election results dated 15 March 2026; Office Bearers five-year term; Writ Petition No.4137 of 2026; Bombay High Court; Jadhav v. Assistant Charity Commissioner, Writ Petition No.5660 of 2018.

What did the court decide?

Writ Petition No.4137 of 2026 is not maintainable in view of the alternative remedy and is dismissed as such. ¶24

Maharashtra Sahitya Parishad Pune Thr. Its Executive… — Writ and Judicial Review | Bombay HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶24

Issue for consideration

Whether the writ petition challenging the Election results dated 15th March 2026 is maintainable, given the objection that an alternative remedy lies before the Charity Commissioner. +2 more

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Court's answer

Writ Petition No.4137 of 2026 is not maintainable in view of the alternative remedy and is dismissed as such.

¶24

Ratio / Principle

The Court declined to grant any indulgence on the prayer for expediting the matter before the Charity Commissioner, since similar other petitions pending there could be seriously prejudiced in the rights of the parties by any order of expediting a decision in this matter.

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Key takeaways

The Charitable Trust made petitioner no.1 has no locus to challenge the Election results declared on 15th March 2026 on the grounds narrated in the writ petition.obiter¶19

Detailed headnote1 paragraphs

Writ Petition No.4137 of 2026 (High Court of Judicature at Bombay; Shree Chandrashekhar, CJ and Gautam A. Ankhad, J; decision dated 1 April 2026) was dismissed as not maintainable in view of the alternative remedy. The petition was filed by Maharashtra Sahitya Parishad, Pune — a Charitable Trust made petitioner no.1, represented through its Executive President Prof. Milind Govindrao Joshi — together with Smt. Sunitaraje Kisan Pawar and Vinod Suryanarayan Kulkarni, questioning the Election results dated 15th March 2026 by which the Office Bearers of the Trust for a term of five years were declared. The Court opined that the Charitable Trust as petitioner no.1 has no locus to challenge the Election results on the grounds narrated in the writ petition. Counsel for the respondents had raised serious objections to maintainability, respondent no.1's counsel referring to Writ Petition No.5660 of 2018 (Suersh Shamrao Jadhav alias Suraj Sharma Jadhav v. The Assistant Charity Commissioner & Ors.) and respondent nos.2 and 3's counsel urging serious disputed questions of fact triable before the Charity Commissioner. The Court also declined the petitioners' prayer to direct the Charity Commissioner to expedite a Change Report, since similar other petitions pending before the Charity Commissioner could be seriously prejudiced. Jurisdiction invoked: Article 226 of the Constitution of India.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4137 OF 2026

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Maharashtra Sahitya Parishad, Pune ] Through its Executive President, ] 1. Prof. Milind Govindrao Joshi ] 2. Smt. Sunitaraje Kisan Pawar ] 3. Vinod Suryanarayan Kulkarni ] .. Petitioners

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Versus

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Pratap Vasantsingh Pardeshi, ] Chief Election Officer, ] Maharashtra Sahitya Parishad, Pune ] 2. Girish Kemkar, ] Joint Election Officer, ] Maharashtra Sahitya Parishad, Pune ] 3. Sanjiv Khadke, ] Joint Election Officer, ] Maharashtra Sahitya Parishad, Pune ] .. Respondents

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Mr. Nikhilesh Pote, Advocate for the Petitioners.

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Mr. Abhishek R. Avachat with Mr. S.H. Deshpande, i/by Mr. Majhar Mujawar, Advocates for Respondent No.1.

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Mr. Pralhad Paranjape with Mr. Rahul Punjabi, Mr. Ishan Shroff and Mr. Saket Tare, Advocates for Respondent Nos.2 and 3.

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Mr. Manish Kelkar, Advocate for the Intervenor.

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CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J. DATE : 1^ST APRIL 2026.

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P.C. :

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The petitioner – Maharashtra Sahitya Parishad, Pune, a Charitable Trust, represented through its Executive President, namely, Prof. Milind Govindrao Joshi and two individuals, namely, Smt. Sunitaraje Kisan Pawar engaged in business and Shri Vinod Suryanarayan Kulkarni engaged in service have filed this writ petition questioning the Election results dated 15^th March 2026 by

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903-WP-4137-2026.doc

Dixit

which the Office Bearers of the Charitable Trust for a term of five years have been declared.

¶17

Mr. Nikhilesh Pote, the learned counsel for the petitioners submits that it is prima facie evident that the Election results dated 15^th March 2026 were illegal and therefore this Court in exercise of the jurisdiction under Article 226 of the Constitution of India can interfere with the Election results. Serious objection to the maintainability of this writ petition has been raised by Mr. Abhishek Avachat, the learned counsel for the respondent no.1 and Mr. Pralhad Paranjape, the learned counsel for the respondent nos.2 and 3.

¶18

Mr. Avachat, the learned counsel for the respondent no.1 refers to a decision in Writ Petition No.5660 of 2018 titled “Suersh Shamrao Jadhav alias Suraj Sharma Jadhav v. The Assistant Charity Commissioner & Ors.” and submits that the present writ petition is not maintainable and the petitioner nos.2 and 3, if at all they have any grievance, can approach the Charity Commissioner in appropriate proceedings. Mr. Paranjape, the learned counsel for the respondent nos.2 and 3 has also raised a question on maintainability of this writ petition on the ground that the writ petition involves serious disputed questions of fact which can be adjudicated before the Charity Commissioner.

¶19

Besides these objections, we are of the opinion that the Charitable Trust which has been made petitioner no.1 in the present writ petition shall have no locus to challenge the Election results declared on 15^th March 2026 on such grounds which are narrated in this writ petition.

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Dixit

Faced with these objections, the learned counsel for the petitioners submits that a direction may be issued to the Charity Commissioner to expedite the matter when a Change Report is moved before the Charity Commissioner. We are, however, not inclined to grant any indulgence on such a prayer simply for the reason that there may be similar other petitions pending before the Charity Commissioner and any order of expediting a decision in this matter would seriously prejudice the rights of the parties in other petitions.

¶24

Writ Petition No.4137 of 2026 is not maintainable in view of the alternative remedy and is dismissed as such.

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[ GAUTAM A. ANKHAD, J. ]

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[ CHIEF JUSTICE ]

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Digitally signed by SNEHA SNEHA ABHAY DIXIT ABHAY Date: 903-WP-4137-2026.doc DIXIT 2026.04.1616:33:57 +0530

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Dixit

Maharashtra Sahitya Parishad Pune Thr. Its Executive President and Ors. v. Pratap Vasantsingh Pardeshi and Ors.

Case brief

What is this about?

What did the court decide?

Maharashtra Sahitya Parishad Pune Thr. Its Executive President and Ors. v. Pratap Vasantsingh Pardeshi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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