Jayashri Deepak Patil vs The State Of Maharashtra And ...
2022 Latest Caselaw 104 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                     929 WRIT PETITION NO.14835 OF 2021

                          JAYASHRI DEEPAK PATIL
                                    VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                       ...
             Advocate for Petitioner : Mr. Pramod Babanrao Gapat
                  AGP for Respondents: Mr. P.K. Lakhotiya.

                                  CORAM : A.S. GADKARI & S.G. MEHARE, JJ.

DATE : 4TH JANUARY, 2022.

P.C.:

1] The learned counsel for the petitioner submitted that the impugned letter/communication dated 05.03.2021 is contrary to the law enunciated by this court in its judgment (dated 8.4.2015) in Writ Petition No. 11297 of 2014 In para.11 of the said judgment, it is held as under :-

"11..... ... The Division Bench of this Court in case of Janata Shikshan Prasarak Mandal and another vs. The State of Maharashtra and others in Writ Petition No. 6073/2005, while considering the issue whether the pendency of the Change Report before the Assistant Charity Commissioner enables the old body to continue to function in spite of the fact that, newly elected representatives have assumed charge, after considering the earlier authoritative pronouncement on the aforesaid aspect held that, submission of the Change Report is a mere foamality and till such time as orders are passed by the competent authorities rejecting the Change Report, the newly elected

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representatives could not be prohibited from functioning. Merely because the change report is pending, the old body does not continue and the old body therefore cannot be permitted to function merely on the count that, the Change Report is pending consideration before the appropriate authority."

2] In view thereof, ad-interim relief in terms of prayer clause(E). 3] Learned AGP is directed to file brief reply of the respondents to the present petition.

4]              Stand over to 8th March, 2022.




        [S.G. MEHARE]                             [A.S. GADKARI]
          JUDGE                                       JUDGE.
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