Citation : 2026 Latest Caselaw 5206 Bom
Judgement Date : 18 May, 2026
2.WPST.14694.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION (STAMP) NO. 14694 OF 2026
Mahendrasingh Dilipsingh Thakur ...Petitioner
Versus
The Joint Charity Commissioner and Another ...Respondents
***
Mr. Mrigesh D. Narwadkar, Advocate for the Petitioner.
Mr. R. S. Wani, AGP for Respondent - State.
***
CORAM : SIDDHESHWAR S. THOMBRE, J.
(VACATION COURT) DATE : MAY 18, 2026 PER COURT :
1. Heard learned counsel for the petitioner.
2. Issue notice to the Respondents, returnable on 18th June
2026.
3. Mr. Wani, learned AGP waives service of notice on behalf
of Respondent No.1.
4. It is the contention of the learned counsel for the Petitioner
that the learned Returning Officer has not included the names of the
active and general members, who were enrolled by following the due
process of law, and has included only the names of life members in the
voters' list.
2.WPST.14694.2026.odt
5. I have gone through the copy of the bye-laws. There is no
dispute that the active and general members also have a right to
participate in the election, being members of the society. It further
appears that, after the election held in the year 2018, the list of
members enrolled up to the year 2018 was required to be taken into
consideration.
6. I have perused the copies of the receipts and other relevant
records, which prima facie reveal that the active and general members,
who have paid/submitted the membership fees, are required to be
enrolled as members and their names ought to have been included in
the voters' list. However, the learned Returning Officer has included
only the names of life members.
7. In view thereof, I am inclined to grant interim relief in
terms of prayer clause (d), which read as under :
"D. During the pendency and final disposal of this Writ Petition, the elections to the executive committee of the Trust - Shri Kshtriya Samaj, Nanded (Reg) F-11, Nanded may kindly be stayed."
8. Accordingly, there shall be interim relief in terms of prayer
clause (d).
( SIDDHESHWAR S. THOMBRE, J. )
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