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2017 Supreme(Bom) 1057

A.S.CHANDURKAR
Adv. Arun son of Bhimrao Shelke – Appellant
Versus
Adv. Pradeep son of Prabhakarrao Mahalle – Respondent


Advocates Appeared:
For the Appellant : Mr. C. S. Kaptan, Senior Adv., with Mr. R. S. Kalangiwale
For the Respondent: Mr. R. L. Khapre, Mr. Kuldeep Mahalle, Mr. S. V. Manohar, Senior Adv., with Mr. A. Naik & H. Chitale, Mr. G.R. Sadar, Mr. S. Bissa, Asstt. Govt. Pleader, Mr. P. C. Madholkkar

JUDGMENT :

01. Since all these appeals raise a challenge to the judgment of the learned Principal District Judge, Amravati, in Misc. Civil Application Nos. 147, 151, 167, 181 and 182 all of 2015, they are being decided by this common judgment.

02. Admit. Heard finally with consent of learned counsel for the parties.

03. The dispute pertains to Change Report proceedings filed under Section 22 of the Maharashtra Public Trusts Act, 1951 [for short “the said Act”] with regard to elections of the Executive Council of Shri Shivaji Education Society, Amravati [for short “the Trust”] for the term 2012-2017.

04. The Trust is registered under the provisions of the said Act as also under the provisions of the Society's Registration Act, 1860. Its affairs are governed by its Constitution [as amended in the year 1967]. For brevity, facts in Second Appeal No. 22 of 2016 are being referred to. The elections of the Executive Council of the Trust for the term commencing from 2012 for a period of five years were due. Accordingly, the Voters’ List came to be published by the Executive Council on 31st December, 2011. This list became final on 16th January, 2012. Thereafter, two Returning Officers came to
































































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