NITIN W. SAMBRE, J.

Heard.

2. Rule. Rule made returnable forthwith. By consent of the parties, matter is heard finally.

3. This petition pertains to elections to Shri. Sevagiri Maharaj Devasthan, a Public Trust registered under the Maharashtra Public Trust Act. The election for the post of six trustees of the said Trust was held and results were declared on 24/10/2016. As a consequence of above change, the change report under section 22 of the Maharashtra Public Trust Act, 1950 (Hereinafter referred to as 'the Act' for the sake of brevity) should have been filed.

4. Respondent no. 3, feeling aggrieved by results of the election held on 23/10/2016, based on alleged procedural irregularity, preferred an application before respondent no. 1 Assistant Charity Commissioner under Section 41-A of the Act on 08/11/2016, making a prayer for recounting. The petitioner raised a preliminary objection to the said application wherein a prayer for recounting of the votes was made as not maintainable as grant of such relief can not be considered within scope of Section 41-A of the Act. The respondent authority overruled the same vide impugned order dated 21/10/2017 directed recounting of votes q