1 SSK/57 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8469 OF 2009 Shri Pandit Jaywant Yeole & Ors. ....Petitioners Versus Shri Namdeo Raghunath Sapkale & Ors. ...Respondents Mr. P. G. Chavan, Advocate for the Petitioners. Mrs. Geeta Mulekar, Advocate for Respondent Nos. 1 to 4. CORAM : R. V. MORE, J. DATED : 15th APRIL, 2010. P.C.: Heard Mr. Chavan, learned Counsel for the Petitioners and Mrs. Mulekar, learned AGP for Respondent Nos. 1 to 4. 2. By the impugned order, the Assistant Charity Commissioner rejected the Petitioners’ application under section 41A of the Bombay Public Trusts Act, 1950 (herein after for the sake of brevity called as “BPT Act”). By the said application, the Petitioners sought directions firstly, declaration that appointment of the secretary of Respondent No.5-Trust is illegal and secondly, the election to the Managing Committee be held by secret ballot. 2 So far as the first direction is concerned, the learned Counsel for the Petitioners submitted that the secretary is not a member of the Trust and therefore, his appointment is illegal. The learned Counsel for the Petitioner, however, could not point out any provisions of the scheme of the Trust under which only member can be appointed as a Secretary. So far as the second direction is concerned, the finding is recorded by the Assistant Charity Commissioner that election to the Managing Committee was already held and Change Report in that regard is also filed and the same is pending for consideration before the Assistant Charity Commissioner. In the light of the above facts, I do not find any error in the impugned order rejecting Petitioners’ application under section 41A of the BPT Act. The petition is accordingly, dismissed. (R. V. MORE, J.)