Bombay High Court
Smt. Kalpana Anantkumar Barade And ... vs Shri. Hemant Sadaram Raut And Others on 16 September, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, Milind N. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.3808 OF 2018
1. Smt. Kalpana Anantkumar Barade,
Aged about 54 years, Occupation : Service,
R/o at Post Triveni Nagar, Lonwahi,
Tah. Sindewahi, Dist. Chandrapur.
2. Shri Chandrashekhar Keshavrao Dongre,
Aged about 50 years, Occupation : Private,
R/o at Post Triveni Nagar, Lonwahi,
Tah. Sindewahi, Dist. Chandrapur.
3. Shri Vasudeo Atmaram Shastrakar,
Aged about 55 years, Occupation : Private,
R/o at Post Dongargao (Bhu.),
Post. Thanegaon, Tah. Armori, Dist. Gadchiroli.
4. Sau. Durga Dhananjay Burade,
Aged 46 years, Occupation : Private,
R/o at Post Sai Nagar, Armori Road,
Tah. Bramhapuri, dist. Gadchiroli.
5. Shri Shrihari Jairam Thakare,
Aged 61 years, major, Occupation : Private,
R/o. at Post Dongargao (Bhu.), Post. Thanegaon,
Tah. Armori, Dist. Gadchiroli.
6. Sau. Mangala Prabhakar Raut,
Aged about 60 years,
R/o. at Post Fasi Chowk, Vidya Nagar,
Tah. Bhramhapuri, Dist. Gadchiroli.
7. Shri Shriram Dodkuji Burade,
Aged 53 years, Occupation : Private,
R/o. at Post Chikhalgao, Post Hardoli,
Tah. Bramhapuri, Dist. Chandrapur.
8. Shri Purushottam Hariji Burade,
Aged 72 years, Occupation : Private,
R/o at Post Chikhalgao, Post Hardoli,
Tah. Bramhapuri, Dist. Chandrapur.
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9. Sau. Pushpalata Tulshiram Burade,
Aged 53 years, Occupation : Private,
R/o. at Post Chikhalgao, Post Hardoli,
Tah. Bramhapuri, Dist. Chandrapur.
10. Shri Pradip Kewalram Raut,
Aged 47 years, Occupation : Private,
R/o. at Post Fasi Chowk, Vidya Nagar,
Tah. Bhramhapuri, Dist. Gadchiroli.
11. Shri Dhananjay Lumdeoji Burade,
Aged 51 years, Occupation : Private,
R/o. at Post Sai Nagar, Armori Road,
Tah. Bramhapuri, dist. Gadchiroli.
12. Shri Arun Hariji Pradhan,
Aged 52 years, Occupation : Private,
R/o. at Post Bardi [Waghala],
Tah. Armori, Dist. Gadchiroli.
Amended as per 13. Shri Mahadeo Goruji Darve,
Court's order dated Aged 68 years, Occupation : Private,
17.7.2018. At Post Awalgao, Tah. Bramhapuri,
Dist. Chandrapur. : PETITIONER
...VERSUS...
1. Shri Hemant Sadaram Raut,
Aged about Major, Occupation : Private,
R/o.Near Sai Nagar, Vidya Nagar,
Bramhapuri.
2. Sau. Sharda Shankar Raut,
Aged 71 years, Major, Occupation : Private,
R/o. Waghoda, Bardi,
Armori, Tq. Armori.
3. Shamrao Arjun Pradhan,
Aged 60 years, Major, Occupation : Private,
R/o. Bardi [Waghada],
Tq. Armori, Dist. Gadchiroli.
4. The Assistant Charity Commissioner,
Gadchiroli Region, Gadchiroli.
5. Shri Pratap s/o. Rajaram Satav,
Age Major, Occupation : Service,
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Then Assistant Charity Commissioner,
Gadchiroli.
At present address :
Assistant Charity Commissioner,
3rd Floor Dharmaday Ayukta Building,
Opposite Garment House,
Dr. Annie Besant Road,
Maya Nagar Siddharth Nagar, Worli Naka,
Mumbai, Maharashtra-400018. : RESPONDENTS
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Shri V.N. Morande, Advocate for Petitioners.
Shri D.B. Abhyankar, Advocate for Respondent Nos.1,2 and 3.
Ms. Ketki Joshi, Asstt. Government Pleader for Respondent No.4.
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Coram : Sunil B. Shukre And
Milind N. Jadhav, JJ.
Date : 16th September , 2019.
ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)
1. Heard. Rule. Rule made returnable forthwith. Heard finally by consent.
2. The grievance of the petitioners is that when by the first order passed on 27th February, 2018, the elections to the Executive Committee of the Society were directed to be conducted within 90 days from the date of order and Inspector from the office of Assistant Charity Commissioner, Gadchiroli was also appointed, there was no reason for respondent No.5 to have passed another order virtually recalling order dated 27.2.2018, on 7.6.2018 whereby fresh elections were ordered to be conducted within 90 days of the order and another person, a private ::: Uploaded on - 20/09/2019 ::: Downloaded on - 19/04/2020 06:35:17 ::: J-wp3808.18.odt 4/6 person was appointed as Election Officer.
3. On the last occasion, a relevant fact for adjudicating upon the grievance expressed by the petitioners was not pointed out by the learned counsel for the petitioner. It was then submitted that only objection on the voters list was taken and some more time was sought by the petitioners and yet the respondent No.5 virtually cancelled the order dated 27.2.2018 and passed a fresh order on 7.6.2018. Today, as directed by this Court, the respondent No.5 is personally present before this Court and he has, through, learned A.G.P. pointed out this relevant fact. It is also seen that written instructions have been issued by him to the learned A.G.P., a copy of which has been made available for our perusal and it is taken on record and marked 'X' for identification. What is stated in the written instructions is not different from what has been pointed out to us that the respondent No.5 through learned A.G.P.
4. The most relevant crucial fact for deciding the issue in this case is as to whose behest the subsequent order has been passed by respondent No.5 on 7.6.2018, was it of his own account by respondent No.5 or at the instance of the petitioners and the answer goes against the petitioners.
5. The petitioners have filed on record their so called objection which is at Page 54. In this communication dated 30.5.2018, it is stated that some part of record of the Society has been kept away from the reach of the petitioners and it was necessary for the petitioners to study ::: Uploaded on - 20/09/2019 ::: Downloaded on - 19/04/2020 06:35:17 ::: J-wp3808.18.odt 5/6 the original record in its entirety and till the time it is done, the whole election process initiated in pursuance of the order dated 27.2.2018 be cancelled. It is further stated that some more time be granted to the petitioners so that they could present their case appropriately. It was this communication, which prompted the respondent No.5 to pass subsequent order dated 7.6.2018. Obviously, the subsequent order was passed at the behest of the petitioners. After all, it granted the main request of the petitioners to cancel the ongoing election process.
6. Thus, we find that there is absolutely no substance in the grievance raised by the petitioners before this Court and the petition deserves to be dismissed. It appears to us that this petition has been filed out of the intense rivalry between two warring factions of the Society. Surely invocation of the writ jurisdiction is highly improper to settle such kind of dispute between the rival parties. Instead of taking recourse to the remedy available under the law including the one available under Section 41(A) of the Maharashtra Public Trusts Act, 1950 the petitioners have approached this Court. The communication dated 30 th May, 2018 issued in the name of Assistant Charity Commissioner rests upon relevant material and has been made after going through the entire original record. It was made because of the representation for cancellation of the ongoing election process, which was granted. But, the petitioners have tried to create a show that the subsequent order passed by the respondent No.5 was per se illegal. This is, however, not the case. ::: Uploaded on - 20/09/2019 ::: Downloaded on - 19/04/2020 06:35:17 ::: J-wp3808.18.odt 6/6
7. In view of above, we are not inclined to entertain the petition.
8. The petition stands dismissed with costs of Rs.10,000/- to be collectively paid by the petitioners to respondent No.5 by depositing the same within a period of four weeks in this Court from the date of order and on such deposit being made, same shall be made over by cheque to respondent No.5 forthwith.
9. The respondent No.4 is directed to conduct fresh elections to the Executive Committee of the Society, superseding all the previous orders in accordance with law.
10. All questions regarding voters list and other connected issues are kept open.
JUDGE JUDGE
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