JUDGMENT :

1. This appeal arises out of judgment and order dated 28.03.2016 passed by learned District Judge-4, Nanded in Misc. RJE No.173 of 2011. The learned Judge by way of the impugned order was pleased to dismiss the application filed under section 72-1 of the Bombay Public Trusts Act [for short “the BPT Act”].

2. The facts in short are that this appellant/original applicant filed an application under section 22 of the BPT Act, before the learned Assistant Charity Commissioner, Nanded, Division – Nanded, for effecting change occurred in general body meeting dated 04.08.2009. It is case of the appellant that the appellant and the respondents are the members of the trust, namely, Shri Datta Education Society, Talni, Tq. Hadgaon. The same is registered under the Societies Registration Act as well as under the BPT Act bearing registration No. F-92 (Nanded). The elections to the managing committee were not held since incorporation of the trust. In Inquiry No.691 of 1981 and 692 of 1981, the Asstt. Charity Commissioner had given directions to conduct election, however, inspite of that the then President and Secretary did not hold election and instead filed an appeal to the Joint Char