Bombay High Court
Natvarlal Virjibhai Thakkar (Advani) ... vs State Of Maharashtra And 13 Ors on 3 July, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Gokhale
18-OSWPL-34444-2022.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 34444 OF 2022
Natvarlal Virjibhai Thakkar (Advani) & Ors ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
Mr Ashish Kamat, Senior Advocate, with Karl Tamboly, Kauser
Banatwala & Neuty Thakkar, i/b Tushar Goradia, for the
Petitioners.
Mr SB Gore, AGP, for State.
Mr Prafulla Shah, i/b Uttam Rane, for Respondents Nos. 2 to 5.
Mr RV Govilkar, Senior Advocate, with Shaba N Khan & Mihir
Govilkar, for Respondents Nos. 6, 8, 9, 10, 11 & 12.
CORAM G.S. Patel &
Neela Gokhale, JJ.
DATED: 3rd July 2023
PC:-
1. There is a Reply and a Rejoinder. The matter will have to be finally heard. There is no reason for it to be taken out of the turn on the admission board.
ARUN RAMCHANDRA SANKPAL
2. There is an order of 11th November 2022 of a Division Bench Digitally signed by ARUN RAMCHANDRA SANKPAL of SV Gangapurwala, J, as he then was and SG Dige, J. It reads as Date: 2023.07.04 09:48:53 +0530 follows:
"1. We have heard Mr. Kamat, learned Advocate for the petitioners, Mr. Govilkar, learned Advocate for respondent Nos.5 to 12 and Mr. Jain, learned Advocate for respondent Page 1 of 3 3rd July 2023 ::: Uploaded on - 04/07/2023 ::: Downloaded on - 04/07/2023 20:40:38 ::: 18-OSWPL-34444-2022.DOC Nos.13 and 14. The learned AGP appears for respondent Nos.1 to 4.
2. The petitioner claims to be the member of respondent No.5/Public Trust.
3. It appears that initially Clause 6 concerning the membership of the Trust was amended and was sought to be restricted to original native of Kutch primarily residing within the limits of Greater Mumbai, who identified himself only as 'Kutchi Lohana'. The said amendment was subject matter of the Change Report proceedings. The Change Report was rejected. The appeal filed by the Trust was dismissed. The Trust has filed writ petition before this Court and the same is pending.
4. Again the same Clause 6 is amended in the General Body Meeting dated 10th April 2022. The amendment that was set aside and the challenge to the same is pending before this court was again amended on the same lines. The Change Report thereto is still pending. The petitioner claims to have objected to the same. The said Change Report amending Clause 6 is not yet decided by the office of the Joint Charity Commissioner.
5. In the interregnum, the Trust declared the election to be held of the Managing Committee of the Trust. The voting is scheduled on 13th November 2022.
6. There are contentions between the parties about the maintainability of writ petition or others challenging the declaration of the election of the Trust.
7. It is not disputed that the Change Report amending Clause 6 is pending for consideration with the office of the Joint Charity Commissioner in the Change Report proceedings. Earlier, similar amendment has been set aside by the office of the Joint Charity Commissioner and challenge to the same on behalf of the Trust is pending Page 2 of 3 3rd July 2023 ::: Uploaded on - 04/07/2023 ::: Downloaded on - 04/07/2023 20:40:38 ::: 18-OSWPL-34444-2022.DOC consideration before this Court in the writ petition.
8. The learned Counsel for the petitioners seeks stay of the election scheduled on 13th November 2022. The said aspect needs to be considered.
9. In such circumstance, we are not inclined to stall the voting scheduled on 13th November 2022. The election process may go on. The voting may also take place as scheduled, however, the result shall not be declared till the next date.
10. Place the matter on 1st December 2022 for hearing.
11. All the respondents are represented. Learned Advocates accept notice for all the respective respondents.
12. The affidavit is filed by respondent Nos.5 to 12. The same is taken on record.
13. The petitioner, if so desires, shall file rejoinder before the next date and serve copies on the learned Advocate for the petitioner in advance. Liberty is also granted to the petitioners to file additional affidavit."
3. Clearly, the matter is to be finally disposed of at the stage of admission. All express the anxiety that the issuance of Rule or admission of the Petition will delay the final disposal of the matter.
4. Hence, list the matter for final disposal at the admission stage on 28th July 2023. All contentions are expressly kept open.
5. Previous orders will continue until the next date.
(Neela Gokhale, J) (G. S. Patel, J) Page 3 of 3 3rd July 2023 ::: Uploaded on - 04/07/2023 ::: Downloaded on - 04/07/2023 20:40:38 :::