Nilesh Pandharji Kalambe And ... vs The Joint Charity Commissioner, ...
2021 Latest Caselaw 14003 Bom

                                                         1                                   21.WP.3739-2021.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                            WRIT PETITION NO. 3739 OF 2021
                         ( Nilesh Pandharji Kalambe & Ors.
                                        Vs.
                   The Joint Charity Commissioner, Nagpur & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Shri D.V. Chauhan, Advocate for the petitioners.
                                  Shri K.L. Dharmadhikari, AGP for respondent Nos. 1 & 3/State.
                                  Shri S.D. Abhyankar, Advocate for the respondent No.4.

                                  CORAM:          AVINASH G. GHAROTE, J.

DATED : 28th SEPTEMBER, 2021.

Heard Mr. Chauhan, learned counsel for the petitioners.

2. At the outset, Mr. Chauhan, learned counsel for the petitioners, seeks leave to delete the respondent No. 2 from the array of respondents. Leave is granted. Respondent No.2 be deleted from the array of respondents forthwith.

3. The order dated 16.09.2021 passed by the learned Joint Charity Commissioner, Nagpur, holding that the petitioners are not the eligible members of the respondent No.5/Trust, is been challenged. It is submitted that the impugned judgment, does not consider that the petitioners were enrolled as members on due payment of subscription as per the bylaws of the Trust and there was no other requirement of

2 21.WP.3739-2021.odt

membership. However, one year charity is to be done by the new entrants only after the completion of which they would have the right to vote in election, as per the order dated 16.10.2015 passed by the Hon'ble Apex Court in SLP (C) No. 19113/2015. Learned counsel submits that, since the petitioners qualify for being enrolled as members of the Trust as per the bylaws as per and the condition imposed by the Hon'ble Apex Court, as indicated above, the impugned order passed without considering this position cannot withstand the scrutiny on the touchstone of the law applicable.

4. Issue notice to respondents, returnable in two weeks.

5. Mr. Dharmadhikari, learned AGP waives notice for respondent Nos. 1 & 3.

6. Mr. Abhyankar, learned counsel waives notice for the respondent No. 4.

7. In case, any election programme is declared by the respondent No. 3, liberty is granted to the petitioners to move this Court for appropriate orders.

JUDGE SD. Bhimte