IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M. SAVANT, J.
Mr. Shahid Javed Maniyar,
Mr. Mohd. Sharif Shabbir Maniyar - Petitioners
versus
Dr. Sagir Munirkhan Sarguroh
Usman Ibrahim Kazi,
Parkar Iqbal Mohammed
J. Ibrahim Sarang
J. Ikabal Mahammad Parkar
J. Gaffar Sattar Rakhange
J. Aarif Gaffar Rakhange
J. Nasir Ibrahim Pathan
J. Usman Ismail Chilangi
J. Javed Mohammad Maniyar
J. Sardar Hasan Aarai
J. Salman Gulam Mahamad Rakhange
J. Khalid Abdulla Rakhnage
J. Salim Sattar Memon
J. Uusuf Haji Ajij Rakhange
J. Hamid Mohamad Bangi
J. Usman Shaikh Hasan Maniyar
Anwar A.R. Maniyar
Uman Abdulla Dalvi
Siraj Latif Rakhange
Ibrahim Roshan Khan
Khalid Abdulla Rakhange
Ahmad Mohammedsale Dalvi
Muslim Education Society
Jt. Charity Commissioner
Shri. S. B. Naikawade – Respondents
Parkar Iqbal Mohammed - Petitioner
versus
Dr. Sagir Munirkhan Sarguroh
Usman Ibrahim Kazi,
J. Ibrahim Sarang
J. Ikabal Mahammad Parkar
J. Gaffar Sattar Rakhange
J. Aarif Gaffar Rakhange
J. Nasir Ibrahim Pathan
J. Usman Ismail Chilangi
J. Javed Mohammad Maniyar
J. Sardar Hasan Aarai
J. Salman Gulam Mahamad Rakhange
J. Khalid Abdulla Rakhnage
J. Salim Sattar Memon
J. Uusuf Haji Ajij Rakhange
J. Hamid Mohamad Bangi
J. Usman Shaikh Hasan Maniyar
Anwar A. R. Maniyar
Uman Abdulla Dalvi
Siraj Latif Rakhange
Ibrahim Roshan Khan
Khalid Abdulla Rakhange
Ahmad Mohammedsale Dalvi
Muslim Education Society
Jt. Charity Commissioner,
Shri. S. B. Naikawade – Respondents
WRIT PETITION NO. 7424 OF 2014 WITH WRIT PETITION NO. 7451 OF 2014
Decided on: 13.8.2014
Insofar as Writ Petition No. 7424 of 2014 is concerned, the learned Counsel appearing for the Petitioners Shri. Patil seeks deletion of the Respondent Nos. 2 to 23 as they are formal parties and the main contesting Respondent is the Respondent No. 1. The said Respondents are accordingly allowed to be deleted at the risk of the Petitioners.
Insofar as Writ Petition No. 7451 of 2014 is concerned, the learned Counsel appearing for the Petitioner seeks leave to amend so as to correct the cause title insofar as the description of the Petitioner is concerned. Leave granted. Amendment to be carried out forthwith.
2) Rule, considering the nature of the controversy involved in the above Petitions, made returnable forthwith by the consent of the learned Counsel appearing for the parties and heard.
3) The short question which arises for consideration in the above Petitions is whether the learned Joint Charity Commissioner could have issued the direction as contained in the clause (6) of the operative part of the impugned order dated 30th April, 2014, thereby restricting the voters to the pre 1997 enrolled members of the Trust and thereby directing the deletion of the post 1997 enrolled members from participating in the ensuing election to the Managing Committee of the said Trust.
4) The Petitioner in Writ Petition No. 7451 of 2014 is the Secretary of the Trust known as Muslim Education Trust, Dapoli, which runs educational institutions i.e. primary and secondary schools in Taluka Dapoli, District Ratnagiri. The Management of the Trust is a contentious issue between the Respondent No. 1 and the Petitioners in the above Writ Petitions. It appears that till the year 1997, the Respondent No. 1 Dr.Sagir Munirkhan Sarguroh was a Trustee and it has been alleged against him that he has mismanaged the Trust as also misappropriated the property and that he was not a member, who has been elected in the general election. It appears that post 1997, the group owing allegiance to the Petitioners came to power and filed 13 change reports. It appears that in the said change report proceedings, the Respondent No. 1 gave his no objection to all the change reports except for the year 1997 and accepted that one Usman Kazi as a Secretary of the Trust. It appears that the Respondent No. 1 propounded a new scheme, whereby he sought to get himself the status of permanent lifetime Trustee and tried to incorporate hereditary Trusteeship. The said scheme propounded by the Respondent No. 1 was not sanctioned by the learned Joint Charity Commissioner and was rejected by order dated 20th July, 2006. During the entire period, the persons belonging to the Petitioners' group were in power. It appears that pursuant to the directions issued by this Court in Writ Petition No. 4637 of 2007, which was filed by the group belonging to the Respondent No. 1, this Court by an interim order, directed the Assistant Charity Commissioner to appoint an appropriate officer to supervise the elections, which were to be held to the Trust. It appears that since the said order was sought to be allegedly misused by the group of the Respondent No. 1 that the Petitioners' group filed Writ Petition No. 5617 of 2007, wherein, this Court issued a direction to the Assistant Charity Commissioner to appoint an officer from his office as an Election Officer for conducting the election to the Managing Committee of the said Trust. In the said election held in the year 2007, the Petitioners' group was successful and was elected, pursuant to which, change report No. 456 of 2007 came to be filed, however, the said change report came to be rejected by the Assistant Charity Commissioner, against which, an Appeal is pending. It appears that the persons owing elegance to the Petitioners were again successful in the elections which were held for the period 2010 to 2013, pursuant to which, a change report has been filed, which is pending.
5) Since the term of the present Managing Committee expired in
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