Pravin Sheshrao Thombare And ... vs The Special Officer (Shri Mohod) ...
2023 Latest Caselaw 11292 Bom

2023:BHC-NAG:15974
                                                                                      12-wp7802.19.odt
                                                        1/3



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.
                                WRIT PETITION NO. 7802 OF 2019
                                    Pravin Sheshrao Thombare and others
                                                    -Vs.-
                                       The Special Officer, Shri Mohod
           ----------------------------------------------------------------------------------------------
           Office notes, Office Memoranda of
           Coram, appearances, Court's orders      Court's or Judge's Orders.
           or directions and Registrar's orders.
           ----------------------------------------------------------------------------------------------
                                  Mr.P.D.Randive, counsel for the petitioners.
                                  Mr. A.R.Patil, counsel for respondent.




                                                     CORAM : AVINASH G. GHAROTE, J.

DATE : 2ND NOVEMBER, 2023

Heard Mr. Randive, learned counsel for the petitioners and Mr. Patil, learned counsel for the respondent.

2. The present petition challenges the order dated 09/09/2019, whereby the Special Officer appointed to conduct the elections of the Shri Kshetra Kuntalapur Chandika Devasthan Committee, Katol has refused to accept the petitioners as members on the basis of the receipts produced by them (Pages-17 to 21), as there is no record available with the Receiver regarding such payment.

3. Mr.Randive, learned counsel for the petitioners, submits that the receipts would be prima facie evidence of the payment being made to the earlier body and therefore, the rejection is improper.

KHUNTE 12-wp7802.19.odt

4. Mr. Patil, learned counsel for the respondent, submits that the Receiver has submitted his report stating that the entries regarding the payment made by the petitioners are not reflected in the record of the Trust maintained by the Committee as well as the Receiver.

5. There is no challenge to this finding as a result of which this becomes an undisputed position. The elections were directed by the judgment of this Court in Writ Petition No.4929 of 2017 (Shri Ramesh Sheshraoji Wanjari and others v. Shri Jayant Wamanrao Kalambe and others), dated 11/09/2018 (Page-10) however, in spite of the passage of more than four years, the elections have not taken place, presumably on account of the pendency of the present petition. The petitioners have not even placed on record any resolution passed by the Managing Committee or the General Body earlier in point of time indicating that their membership was accepted. In that light of the matter, the refusal to place reliance upon the receipts produced by the petitioners on the basis of which they claim membership cannot be questioned. I therefore, do not find any reason to interfere in the impugned order. The petition is therefore, dismissed. No costs.

6. It is, however, directed that the respondent shall forthwith proceed to prepare the final voters' list and conduct the elections within a period of two months from today.

KHUNTE 12-wp7802.19.odt

JUDGE

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 02/11/2023 18:28:25 KHUNTE