Advocates:
['Bachate Pralhad D', 'COPY SERVED ON GP', '', 'CAVEAT FILED BY ADV ABASAHEB B SHINDE']

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

920 WRIT PETITION NO.9165 OF 2020

MAHESH ANANDA PATIL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioners : Mr.Kale Ajeet B.

AGP for Respondents-State : Mr.G.O. Wattamwar

Advocate for Respondent Nos. 4 to 6 in WP(ST)/25011/2020 : Mr. V.D.

Hon, Learned Senior Counsel I/b Mr.A. D. Shinde

…

AND

WRIT PETITION NO 9150 OF 2020

PRADHAN S/O RAMBHAU MULIK AND ANOTHER

VERSUS

THE JOINT CHARITY COMMISSIONER, NASHIK REGION, NASHIK AND

ORS

...

Advocate for Petitioners : Mr. P.D. Bachate

AGP for Respondent No. 1-State : Mr.G.O. Wattamwar

Advocate for Respondent Nos. 4 : Mr. V.D. Hon, Learned Senior Counsel

I/b Mr.A. D. Shinde

CORAM : N. J. JAMADAR , J.

Date : 07^th APRIL, 2021.

P. C. :

1.

The challenge in this petition is to an order passed by the

learned Joint Charity Commissioner, Nashik Region, Nashik dated 2nd

December, 2020, whereby, the learned Joint Charity Commissioner, was

persuaded to pass ex-parte order under Section 41E of the Maharashtra

Public Trust Act, 1050 and restrain the respondents from entering into

the office/premises of the Trust and hold elections till the scheduled date

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of appearance i.e. 23rd December, 2020.

2.

Mr. Kale, learned counsel for the petitioners points out that

the society is in fact registered under the Maharashtra Co-Operative

Societies Act, 1960 and the petitioners herein were elected as office

bearers of the said society and a notification to that effect came to be

issued by the Election Officer and Deputy District Registrar, Co-Operative

Societies on 15th May, 2015. The respondent Nos. 4 to 6, by taking

undue advantage of the fact that the society was also registered under

the Maharashtra Public Trust Act, 1050, have approached the Joint

Charity Commissioner for injunctive reliefs and the learned Joint Charity

Commissioner has passed the impugned order without adverting to the

facts of the case and the necessity of passing such an extreme order.

3.

The learned counsel for the petitioners has also invited the

attention of the Court to the order passed by the Division Bench of this

Court on 13th March, 2018 in Writ Petition No. 2677 of 2018, wherein

the Division Bench has directed the parties to maintain status-quo and

not to take further percipitative action.

4.

In the backdrop of the nature of the impugned order, it

becomes abundantly clear that the question of grant of injunctive relief

under the provisions of Section 41E of the Act, 1950, is required to be

determined by the learned Joint Charity Commissioner after providing an

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opportunity of hearing to the parties.

5.

From the submissions of counsel for the petitioners, the very

issue of the Society in question being governed by the provisions of the

Act, 1950, may warrant consideration.

6.

Since the challenge in this petition is to on ex-parte ad-

interim order, it may be expedient to direct the learned Joint Charity

Commissioner to hear and decide the application for injunction under

Section 41E of the Act, 1950 expeditiously after providing an opportunity

of hearing to the parties.

7.

Mr. Hon, the learned Senior Counsel for respondent Nos. 4 to

6 is not averse to the aforesaid proposition.

W.P. NO. 9150 OF 2020.

8.

The learned counsels for the parties submit that this petition

may also be disposed of by issuing directions for expeditious hearing.

9.

Hence, the petitions stand disposed of with the following

directions :

.

The learned Joint Charity Commissioner,

Nashik, shall allow the petitioners to file an affidavit-

in-reply, within a period of one week from today.

.

The parties shall appear before the Learned

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Joint Charity Commissioner, on 15^th April, 2021.

.

The learned Joint Charity Commissioner, shall

decide the applicat