IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1479/2011 GULAM NABI ABDUL MAJID & ONE ..VS.. THE LEARNED JOINT CHARITY COMMISSIONER, NAGPUR AND TWO OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Firdos Mirza, advocate for petitioners Shri A.M.Quazi, advocate for respondent no.1 CORAM : SMT. VASANTI A. NAIK, J. D A T E : MARCH 25, 2011. On hearing the learned counsel for the parties and on perusal of the impugned order dated 16.3.2011, it appears that the Joint Charity Commissioner, Nagpur did not commit any error in rejecting an application filed by the petitioner under section 41-A of the Bombay Public Trust Act seeking issuance of direction to the election officer appointed by the consent of the parties to postpone the elections and to clear the issue of membership strictly according to the scheme of the trust. It is informed to this court that the elections are scheduled on 27.3.2011. In such circumstances, the petition cannot be entertained to stall the elections, more so, because the petitioner can as well raise an objection to the change report filed after the elections are conducted and after the new managing body is elected. Moreover, the issue involved in this case is based on disputed questions of facts and it would not be in the interest of justice to entertain the writ petition in such a case. The judgment reported in AIR 1980 SC 1612 is not applicable to the facts of this case. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE SMP