Chandrakant Shalgram Andhare And ... vs Vijay Singh Surendra Singh ...
2021 Latest Caselaw 17013 Bom

                                                                                       (1)                                                  20.wp.5018.2021

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR
                                                WRIT PETITION NO.5018 OF 2021

                                        Chandrakant Shalgram Andhare and others
                                                            Vs.
                                       Vijay Singh Surendra Singh Gahilot and others
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                          Mr. Anil Mardikar, Senior counsel a/w Mr. V. R. Deshpande, Advocate for
                          petitioners.

                                                                           CORAM :                     AVINASH G. GHAROTE, J.

DATE : 07/12/2021

Heard Mr. Mardikar, learned Senior Counsel for the petitioners.

The contention is that the petitioners, who are some of the members out of 74 members enrolled in the society by a resolution dated 13.03.2007, were entitled to vote in the elections of the society, which however were directed to be held between the persons already on roll before the resolution dated 13.03.2007, by the learned Assistant Charity Commissioner, Akola, by the order dated 26.04.2019. It is contended that the petitioner including the 74 persons enrolled by a resolution dated 13.03.2007 were not made parties before the learned Assistant Charity Commissioner, in the Enquiry No.1154 of 2006 and therefore, their entitlement to participate in the elections has been decided behind their back. An appeal came to be filed against the judgment dated 26.04.2019 before the Joint Charity Commissioner, which is pending. In this appeal No.50 of 2019 an application came to be filed by the petitioners, (2) 20.wp.5018.2021

who are some of the persons enrolled as members by resolution dated 13.03.2007. The learned Joint Charity Commissioner by an order dated 12.11.2021, postponed the decision of this application, to the decision in Appeal No.50 of 2019. An application for clarification at Exh.44, resulted in passing of an order on 22.11.2021 by the learned Joint Charity Commissioner, by permitting the petitioners to argue on the ground of entitlement to file the appeal. It also permitted the petitioners to argue on law points in the main appeal after the arguments of the parties thereto were over. In the contention of Mr. Mardikar, learned Senior Counsel, this is a rather strange way in which the application at Exh.44 and application to leave appeal has been considered, as according to him, the application for leave for appeal will have to be decided prior to the decision of Appeal No.50 of 2019 on merits, so that in case leave to appeal is granted, both the appeals can be decided simultaneously, as common grounds are involved.

Issue notice to the respondents, returnable on 15.12.2021. The petitioners to serve the respondents by all modes permissible in law including e-mail and WhatsApp. Hamdast granted.

In the mean time, there shall be stay to further proceedings in appeal No.50 of 2019 before the learned Joint Charity Commissioner, Amravati, till the returnable date.

Digitally signed byANANT R

JUDGE SARKATE Signing Date:07.12.2021 19:47 Sarkate