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2009 Supreme(Bom) 426

S.R.DONGAONKAR
GRAM VIKAS SAMITTEE, SHAHAPUR – Appellant
Versus
DARSHANLAL s/o NANDLAL MALHOTRA – Respondent


Advocates appeared
For petitioners: R. L. Khapre
For petitioner No.1: V. K. Paliwal
For respondent Nos. 1, 2 and 4 to 6:MG. Bhangde and N D. Khamborkar Respondent No.3 - dead For respondent No.7: Sonare, A.G.P.

JUDGMENT :-

Heard Shri Khapre Advocate and Shri Sonare, A.G.P. for respondent No.7.

Rule. Made returnable forthwith. Heard finally with the consent of parties.

2. Petition No. 1 - Gram Vikas Samittee Shahapur, District Bhandara, is an educational trust having Registration No. PTR No.F-4(B) under the Bombay Public Trusts Act as well as Societies Registration Act. Last election of the trust was held on 15-4-1999. Thereafter, the change report was submitted bearing No.

340/1990, which was accepted. The names of the elected trustees were recorded in Schedule 1. One of the recorded trustees Shri Nagarikar died, against that vacancy respondent No. 1 was elected as Assistant Secretary. The said change report bearing No. 80/200.1 was accepted on 24-1-2001. As such respondent No. 1 came to be recorded as Assistant Secretary. Some allegations are made against him regarding misappropriation etc. Term of the recorded body was to expire on 14-4-2004 as such Managing Committee passed resolution that election of the Managing Committee trustees should be held by appointing independent Election Officer through Assistant Charity Commissioner, Bhandara. Copy of the said resolution is filed along with pe






















































































































































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