(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7435 OF 2009 1. Maharashtra Shikshan Sanstha, Nimgaon Jali, Taluka : Sangamner, District : Ahmednagar, through its Authorized trustee, petitioner no.2. 2. Sukhdeo s/o. Chandrabhan Dengale, Age : 65 years, Occupation : Agriculture. 3. Ramkrushna Sadu Birar, Age : 66 years, Occupation : Agriculture. 4. Shivaji s/o. Savaleram Chopade, Age : 68 years, Occupation : Agriculture. 5. Abasaheb s/o. Bhaurao Kadu, Age : 68 years, Occupation : Agriculture. 6. Dagu s/o. Pandurang Thete, Age : 63 years, Occupation : Agriculture, R/o. Palkhed, Taluka : Nephad, District : Nashik. 7. Prabhawati Bhaskar Chopade, Age : 62 years, Occupation : Agriculture. (2) 8. Baburao Kashinath Jarhad, Age : 68 years, Occupation : Agriculture. Petitioner nos.2, 3, 4, 5 and 7, R/o. Limgaon Jali, Taluka : Sangamner, District : Ahmednagar. .. Petitioners. versus 1. Joint Charity Commissioner, Pune Region, Pune. 2. Gulabrao s/o. Govindrao Jondhale, Age : 66 years, Occupation : Retired, At present R/o. Sahaj, Near Sahyadri Housing Co-op. Sanjavani Hospital, College Road, Sangamner, Taluka : Sangamner, District : Ahmednagar. 3. Motiram s/o. Trimbak Patil, Age : 66 years, Occupation : Agriculture, R/o. Ugaon, Taluka : Niphad, District : Nashik. 4. Bhaskar s/o. Mahapati Jondhale, Age : 54 years, Occupation : Agriculture, R/o. Nagapur, Taluka and District : Ahmednagar. .. Respondents. (3) .......................... Mr. A.P. Bhandari, Advocate, for the petitioners. Smt. S.D. Shelke, Assistant Government Pleader, for respondent no.1. Mr. V.J. Dixit, Senior Advocate, holding for Mr. Abhijeet S. Joshi, Advocate, for respondent no.2. Mr. V.D. Hon, Advocate, for respondent no.4. .......................... CORAM : B.R. GAVAI, J. DATE : 10TH DECEMBER 2009. COURT'S ORDER : 1. Heard the learned Counsel appearing for the respective parties. 2. By way of present petition, the petitioner challenges the order dated 15th October 2009, passed by the learned Joint Charity Commissioner, Pune Region, Pune, below Exhibit 3 in Application No. 1/2009, thereby dismissing the application filed by the present petitioners and vacating the ex parte injunction granted by an order dated 11th May 2009. (4) 3. The application, in question, was filed by the present petitioners under Section 41A of the Bombay Public Trusts Act, 1950, alleging therein that the present respondent no.2 has indulged into various activities prejudicial to the interest of the Trust. It is submitted that though the Managing Committee appearing in Schedule 1 of the register maintained by the Assistant Charity Commissioner consisted of nine surviving members, he was unilaterally acting as a sole trustee without taking other trustees into confidence. It is further contention of the petitioners, that there was no Secretary and, as such, the functioning of the Trust was jeopardized . 4. This position is seriously disputed by the respondent no.2. It is submitted that the respondent no.2 is a recorded President of the Trust and, as such, he is properly functioning. 5. It appears that there are certain change reports filed by the parties claiming election of the Managing Committee of the Trust and/or for removal of the respondent no.2. The said proceedings are pending before various authorities. In that view of the matter, it was suggested to the learned Counsel appearing for respondent no.2, that the respondent no.2 should convey immediately, a meeting of surviving trustees appearing in Schedule 1 and to hold an election of the Secretary of the Trust. Accordingly, an undertaking is filed on behalf of respondent no.2. The same is taken on record and marked as "X" for identification. (5) 6. In that view of the matter, I find that the petition can be disposed of by issuing following directions. 7. Hence, I pass the following order : (i) The respondent no.2, as undertaken, shall convey a meeting of the surviving trustees, whose names are given in Schedule 1, on 24th December 2009, at 01.00 PM, in the office of Deoram Maharaj High School at Marhal (Taluka : Sinnar, District : Nashik). The said meeting shall consider the subject of election of the Secretary of the Trust. (ii) A representative of the Assistant Charity Commissioner, Ahmednagar, shall attend the said meeting and the proceedings of the meeting shall be conducted in his presence. The charges towards fees / expenses of the said representative shall be borne by the petitioners. (iii) After the elections are over, the affairs of the Trust shall be conducted by the President and the Secretary, so elected, jointly, in accordance with the bye-laws of the Trust. (iv) The said arrangement shall continue to operate till such time, as the change reports filed by the parties are decided by the competent authority. 8. The petition stands disposed of with the aforesaid observations and directions. (6) 9. Authenticated copy allowed to the parties requesting therefor. ( B.R. GAVAI ) JUDGE ......................... bgp/wp7435