FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders |Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.1437/2009 Vaijnath Dhondiba Jadhav & Ors .. Petr Vs Returning Officer,Beed & Ors .. Respts. .... Shri S.S.Thombre, Adv.for petitioners. Shri D.R.Kale,AGP for State. Shri S.S.Bora,Adv.for R.2,3,4 & 6. .... CORAM : R.K.DESHPANDE,J. DATE : 21/6/2010. 1] This writ petition challenges the order dated 2/3/2009 passed by respondent no.1 deleting names of the petitioners from the final voters list for elections to Sangmeshwar Shikshan Sanstha, Nalwandi, Taluka and District Beed. The Petition further seeks direction to the respondent no.1 to include the names of the petitioners in the final voters list for the purpose of election. The petition also challenges the election program. 2] In view of order dated 26/3/2009, the outcome of the election is made subject to the result of the Writ Petition. 3] Shri Thombre, learned counsel for petitioners has urged that the petitioners were enrolled as members of the trust. They have paid subscription also and the resolution was also passed for enrollment of names of the members of the trust. However, inspite of that, their names are deleted from the voters list, thus their right to vote and contest the election has been taken away and they were not permitted to participate in the elections. 4] The elections are already over. The body is elected and the change report has been filed on 17/4/2009 vide C.R.No.1245/09. 5] In view of the aforesaid position, the alternate remedy is available to the petitioners under Section 22 of the Bombay Public Trust Act to object to the change report filed by the respondents. It will be open for the petitioners to raise the issue by filing objection, which shall be decided by learned Assistant Charity Commissioner in accordance with law. Petition is dismissed. No order as to costs. (R.K.DESHPANDE) JUDGE umg/wp1437-09