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2006 Supreme(Bom) 419

H.L.GOKHALE, S.C.DHARMADHIKARI
MAHA PRAGYA VIDYA NIDHI FOUNDATION – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


ORAL ORDER

H. L. GOKHALE, J.: - Heard Mr. Dwarkadas in support of this petition and Mr. Mokashi, learned Asstt. Govt. Pleader for respondent No.1, as also Mr. Thorat for respondent Nos. 3 to 36.

2. The petitioners seek to challenge the order dated 8 - 2 - 2006 passed by the Charity Commissioner, Maharashtra, Mumbai, finalising the list of valid members for elections to petitioner No. 1 - trust whereby some 32 new members (i.e. respondent Nos. 5 to 36 herein) have become eligible to become members and vote. The petition also seeks to challenge the notice dated 10 - 2 - 2006 fixing the election programme and the Charity Commissioners order dated 14 - 2 - 2006 declining to postpone the elections.

3. The brief facts leading to the present petition are as follows: -

Petitioner No.1 herein is a charitable trust governed under the Bombay Public Trusts Act, 1950. Amongst others, one of the objectives of this trust is to establish and to take over and maintain schools and educational institutions. One Seth Gokuldas Tejpal Charities, another public trust, has been running a school at Dadyseth. Agiary Lane, Kalbadevi Road, Mumbai. The said G.T. trust wanted to sell the prop




















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