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2016 Supreme(Bom) 1061

S.B.SHUKRE
Prabhakar Waktuji Sapate – Appellant
Versus
Narayan Baburao Dhakate – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prashant Gode
For the Respondent: R.L. Khapre, Anil Thakare, A.M. Balpande

JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel appearing for the parties.

2. By these writ petitions, the petitioner has challenged the legality and correctness of the order passed by the learned Joint Charity Commissioner on 21-1-2016, thereby rejecting the application for grant of stay to the elections being held to the Rani Durgawati Adiwasi Vikas Sanstha Jogi Sakhara, (in short, "the Society"), in compliance with the order passed by the learned Assistant Charity Commissioner on 31-12-2015.

3. By the order passed on 31-12-2015, the learned Assistant Charity Commissioner rejected three Change Reports, which were the subject-matter of inquiry in Inquiry No. 245/2011, 374/2011 and Inquiry No. 100/2014. The Change Reports in Inquiry No. 245/2011 and 374/2011 were in respect of change of address of the society and removal of petitioner No. 1 as secretary of the society respectively. The Change Report in inquiry No. 100/2014 was relating to induction of a person in place of petitioner No. 1 after his removal. These Change Reports were rejected by the order passed on 31-12-2015. The learned Assistant Charity Commissioner, however, having regar



















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