1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13090 OF 2010 IN FIRST APPEAL NO. 136 OF 2000 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 22/10/2010 PER COURT : 1. This is an application filed by the respondents in Appeal seeking stay to the election programme scheduled for the period from 1/10/2010 to 30/9/2015, for fixing the Appeal for final hearing, to direct the Assistant Charity Commissioner, Jalgaon to decide the Change Report No. 576 of 1998, so also seeking direction against the Assistant Charity Commissioner, Jalgaon to hold the election of the Trust. 2. Heard Mr. A. B. Kale, the learned counsel for the applicant and Mr. V.J.Dixit, the learned Sr. Counsel instructed by Mr. Yawalkar, the learned counsel for non applicant no. 1. 3. Since the election schedule for the period from 1/10/2010 to 30/9/2015 is concerned the said election, has already taken place. 2 4. Mr. Kale, the learned counsel for the applicant states that though the District Court has decided in favour of the present applicant, still the respondents have held the election which is illegal. In such circumstances, the Assistant Charity Commissioner, Jalgaon should be directed to hold the elections of the Trust. He further submits that the elections were conducted by the present applicant pursuant to the orders dated 3/8/1998 and the Change Report bearing No. 576 of 1998 is still pending for adjudication with the Assistant Charity Commissioner, Jalgaon and the same is not being decided. According to him, there is no impediment for the Assistant Charity Commissioner, Jalgaon to decide the said Change Report. 5. Mr. V.J. Dixit, the learned Sr. Counsel submits that the order dated 3/8/1998 pursuant to which the elections were held by the present applicant, has been stayed by this Court vide Order dated 25/4/2000. In fact, the execution, implementation and operation of the said judgment and order dated 3/8/1998 has been stayed. He further submits that thereafter twice the elections have taken place and as the order pursuant to which the applicant has held elections, has been stayed by this court, there would not be any propriety in allowing the Assistant Charity Commissioner, Jalgaon to decide the said Change Report. According to him, the elections have been held by the non applicants in free and fair manner. 3 6. Taking into account the fact that the present Appeal is pending and the elections have already been held, the prayer clause ‘ B ’ can not be granted at this stage. The Change Report submitted by the present applicant in respect of the the elections held in furtherance of the order dated 3/8/1998 passed by the Assistant Charity Commissioner, Jalgaon is concerned, some part of the evidence is recorded. The Assistant Charity Commissioner, Jalgaon shall complete the recording of evidence and all stages till the stage of final argument,but shall not deliver any Judgment until further orders of this Court. The effect of the stay of the implementation, execution and operation of the Judgment dated 3/8/1998 would also be required to be taken into consideration. 7. Taking into account the above conspectus of facts, it would be appropriate to fix the present Appeal for final hearing so that the rights of the parties can be effectively adjudicated. 8. In light of the same, fix the First Appeal No. 136 of 2000 for final hearing in the week commencing from 29/11/2010. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 13090.10 in FA 136.2000