ORAL JUDGMENT :- Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. "Jai Jawan Jai Kisan Shikshan Sanstha" Anala is a registered educational trust. Petitioners claim that they are elected trustees of the trust. They filed a change report No. 289 of 2001 which was pending for the enquiry before the Jt. Charity Commissioner, Latur. According to them, elections were held on 3rd July, 2001 and they were elected as trustees of the educational trust. Respondent Nos. 4 to 7 also claimed to be elected members of the same trust and filed a separate change report No. 307/2001. There are two groups of the members and admittedly inter se disputes are going on about legality of elections held in 2001. There are allegations and counter-allegations made against each other by the two groups, one comprising of the petitioners and another comprising of respondent Nos. 4 to 7. An enquiry (Enquiry No. 85/2001) pursuant to application under section 41-D of the Bombay Public Trusts Act, 1950 was also initiated on an application filed by respondent Nos. 4 to 7 alleging mismanagement of the trust, non-submission of accounts etc. While the enquiries were pending, respondent No.1 to 3 filed an application under section 41-A and 41-B of the Bombay Public Trusts Act, 1950 before the Asstt. Charity Commissioner, Osmanabad, against the petitioners as well respondent Nos. 1 to 7. On basis of such application, learned Asstt. Charity Commissioner started Enquiry No. 118/2003.

3. The respondent Nos. 1 to 3/original applicants alleged that there was mismanagement of the educational trust, the record was not properly maintained and the accounts were not audited. They further alleged that in May, 1998, the period of earlier elected members of the trust was over yet the President and the Secretary failed to conduct elections. They further submitted that the present petitioners, who were original respondents Nos. 1 to 3, prepared certain false record regarding the elections. They contended that the petitioners and the respondents Nos. 4 to 7 were indulging in disputes for their personal gains and the interest of the educational trust was being ignored. The respondents Nos. 1 to 3 sought intervention of the Asstt. Charity Commissioner and urged to appoint them and two from the non-applicants i.e. present petitioners and the respondents No.4 to 7 as members of a Committee so as to manage affairs of the trust. They urged that such appointed committee of five members may be allowed to conduct affairs of the educational trust.

4. The petitioners resisted the application on various grounds. They denied all the material allegations. They contended that the applicants had no locus standi, whatsoever, to file the application. They further averred that the application is filed at behest of the respondent Nos. 4 to 7. The respondents No.4 to 7. however, consented to the claim of the applicants by their separate written statement.

5. The learned Asstt. Charity Commissioner granted the application by his order dated 12th May, 2006 with a directions that Inspector Shri A. B. Waghmare, shall hold election of the managing committee from amongst members Nos. 1 to 30 shown in the original receipt book of the educational institution as submitted in change report No. 307 in the year 2001. The petitioners impugn the said order of the Asstt. Charity Commissioner.

6. Heard learned counsel for the parties.

7. Learned counsel Mr. R N. Dhorde, appearing for the petitioners with Mr. R L. Kute, Advocate, argued that the impugned order is outside the scope of powers available under section 41-A of the Bombay Public Trusts Act, 1950, and the learned Asstt. Charity Commissioner exceeded his jurisdiction. He argued that the appointment of a committee as per the prayers of the applicants is a disastrous proposition and could not have been allowed without any such legal provision in the Bombay Public Trusts Act, 1950. He pointed out that the applicants/respondents

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