1. Heard learned Counsel for the parties.

2. Rule. Rule is made returnable forthwith and by consent of parties, taken up for hearing.

3. The petitioners herein challenge the advertisement dated 15th September, 2010 published in Daily Kesari by the respondent No.5 trust for recruitment of certain employees. The petitioners also pray for directions restraining respondents No.6 to 15 from taking any policy decision, including recruitment over the Respondent No.5 trust. They also seek directions to respondent No.4 to conclude the Inquiry No. 28/2010 expeditiously, as also directions to respondents No.3 and 4 to take over the management of the trust till next body of trustees is selected. Besides the aforesaid main prayers, the petitioners have made other prayers also.

4. It is the case of the petitioners that the respondent No.5 trust is registered in the year, 1963 and the scheme of the trust has been prepared and the same has been approved in the year, 1990. As per the scheme of the trust, the trustees are selected by the Assistant Charity Commissioner, and the body of trustees has a term of five years. In the year, 2005, the process for selection of trustees was initiated and respondents 6 to 15 have been appointed as trustees of the trust. The tenure of respondents 6 to 15 is due to lapse in the month of December, 2010.

It is the case of the petitioners that during the tenure of respondents 6 to 15, various illegalities have been committed such as theft from donation box etc. Though several news items were published in the newspapers and even the matter had reached legislative assembly, yet the said employee who was involved in theft has been retained by the respondents for the reasons best known to them. Several illegalities have been committed in last five years by the respondents 6 to 15 while working as trustees. During the tenure of respondents 6 to 15, recruitment process has been initiated and various relatives of the trustees have been appointed. The process of establishment of accommodation at Newasa for the devotees has been initiated and no permission has been obtained from respondents 2 to 4, no steps have been taken for establishment of the same.

The petitioners have also averred in the petition that the respondents 6 to 15 are involved in various illegalities and funds of the trust are not being utilized for fulfillment of the objectives of the trust.

5. It is the case of the petitioners that though the directions were issued to complete the inquiry prior to 30th April, 2010 by the Assistant Charity Commissioner, the inquiry has not been completed. It is further case of the petitioners that respondents 6 to 15 have published an advertisement in Daily Kesari dated 15th September, 2010 for recruitment on certain posts and as per the said advertisement, the last date for submission of applications for various posts was 22nd September, 2010. It is the case of the petitioners that the petitioner No.1 immediately made an application to the Assistant Charity Commissioner, thereby bringing to the notice of the said authority that the recruitment process initiated by the respondents 6 to 15 should be stopped and respondents 6 to 15 may be restrained from taking any policy decision, pending inquiry. It is further case of the petitioners that the Assistant Charity Commissioner, instead of restraining the respondents 6 to 15 from taking any policy decision, simply called explanation from the President of the trust by issuing communication dated 15th September, 2010.

6. Since the Assistant Charity Commissioner has not passed appropriate order restraining the respondents 6 to 15 from taking policy decision including recruitment process, this writ petition is filed by the petitioners.

7. According to the petitioners, they are the persons having interest in the affairs of Shri Shaneshwar Devsthan trust as the petitioners are residents of the locality where the temple is situated and the petitioners use to offer prayer