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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Subhash Pandurang Bandiwadekar – Appellant
Versus
The State Of Maharashtra Through Its Principal Secretary, Law And Judiciary Department. – Respondent
JUDGMENT :
1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for final disposal.
THE CHALLENGE
2) Petitioners have filed this Petition challenging the order dated 10 January 2025 passed by the Election Officer nominated by the Deputy Charity Commissioner rejecting the objections raised by them to Preliminary Voters List published on 8 January 2025. Rejection of Petitioners’ objections to the preliminary voters list has resulted in non-inclusion of their names in the Final Voters List published on 13 January 2025, which is also subject matter of challenge in the present Petition. Petitioners are thus, aggrieved by denial of opportunity to participate in the election process for election of Governing Council of Khedut Shikshan Mandal, Kalkundri, Taluka-Chandgad, District-Kolhapur.
FACTUAL MATRIX
3) Brief facts leading to filing of the present Petition are that Khedut Shikshan Mandal, Kalkundri (Trust) is a registered Public Charitable Trust established on 25 February 1956, which was initially registered as Society under the provisions of the Societies Registration Act, 1860. It got registered as a Trust
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999, contrary to a prior ruling, emphasizing that membership validity must be determined in appropriate proceedi....
The main legal point established in the judgment is that the directions issued by the Joint Charity Commissioner to enroll new members were without jurisdiction and in violation of Article 19(1)(c) o....
[The court established that consent terms in electoral disputes are binding and that the rejection of nominations must be based on clear and consistent grounds, emphasizing the rights of members in t....
The Court held that an election officer's direction regarding election conduct by a charity commissioner exceeds jurisdiction under Section 41A of the MPT Act.
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