1 SA.NO.817.04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 817 OF 2004 Bhaurao Tatyarao Khandagale and others ... Appellants V E R S U S Pandharinath SakharamSonwane and others ... Respondents ... Mr.H.D.Hon,Advocate for Appellants Mr.V.J.Dixit,Sr.Advocate instructed by Mr. A.N.Nagargoje,Advocate for Respondent No.1 *& 2. Respondent No.3 deleted as per Court’s order dated 1.09.2009. Mrs.V.A.More,A.G.P.for respondent No.4-State ... CORAM : A.V. NIRGUDE, J. DATED : 5TH FEBRUARY, 2010 PER COURT 1] By consent the following order is passed; The scheme framed by the Assistant Charity Commissioner is accepted as scheme of the Society subject to following changes : dye-2 LkHkklnRok lkBh ik=Rkk v- +,dohl o"ksZ o; iq.kZ >kysY;k òh&iq:"kkl U;klkpas lHkkln gksrk ;sbZy c- lHkkln gksm bfPN.kkjh O;fDr egkjk"Vªkph jfgoklh vlyh ikfgts- d- osMk fnokG[kksj o uknkj O;fDrl U;klkps lHkkln gksrk ;s.kkj ukgh 2 SA.NO.817.04 M- U;klkP;k ukSdjhr vl.kk&;k fdaok T;k O;Drhps vkfFkZd fgrlaca/k U;klk’kh xaqrysys vkgsr v’kk O;Drhl U;klkP;k fu;ekuqlkj lHkkln gksrk ;sbZy ijarq v’kk O;Drhl U;klkP;k dk;Zdkj.khP;k fuoM.kqdhl mHks jkgrk ;s.kkj ukgh- b- [kkyhy O;Drh ;k U;klkps vtho lHkkln jkgrhy 1½ Jh [kaMkxGs ch-Vh- 2½ Jh- oku[ksMs ch-,u- 3½ Jh- lksuo.ks ih-,l- 4½ Jh- oku[ksMs Mh-ih- 5½ Jh jktxq: Ogh-bZ 6½ Jh- ’ksxkkodj ,l-vs- 7½ Jh- Hkkys ch-Mh- ojhy vtho lHkklnkauk R;kaP;k g;krhr U;klkP;k dk;Zdkjh eaMGkP;k dqBY;kgh inkph fuoM.kqd y<fo.;kph eqHkk jkghy- rlsp ojhy vtho lHkklnkauk U;klkph lHkkln oxZ.kh ’kqYd Hkj.;kph vko’kdrk ukgh dye3 Lk/;k U;klkps dk;Z{ks= tGxkao ftYg;kiqjrs e;kZnhr jkghy- dk;Z{ks+=kph e;kZnk fo’oLr ok<Å ’kdrhy dye10 loZlk/kkj.k lHksph ’kfDr o dk;Z- 1½ nj ikp o"kkZuh ikp o"ksZ dkyko/khlkBh U;klkps inkf/kdkjh o dk;Zdkjh eaMGkps moZjhr lnL; ;kaph [kkyhy izek.ks fuoM dj.ks- v] v/;{k& ,d vkJ;nkrs lHkklnkrqu c] mik/;{k& ,d ns.kxhnkj lHkklnkrqu d] fpV.khl M] lgfpV.khl b] vdjk lnL; 3 SA.NO.817.04 fuoM.kwdh ckcr ifgys fo’oLr eaMG vxj R;kuarj fuoMq.k ;s.kkjs dk;Zdkjh eaMG fu;ekoyh r;kj djsy- 2] Ekkxhy lHksps bfro¤‘r dk;edj.ks- 3] Ekkxhy o"kkZps mRiUu][kpZ] fg’kksc rkGscan ys[kkifj{k.k oxSjs vgoky okpwu eatwj dj.ks 4] ys[kk ifj{kdkph use.kwd d:u eku/ku Bjfo.ks- 5] dk;Zdkjh eaMGkdMwu vkysys okf"kZd vankti=d okpwu eatwj dj.ks- 6] Dk;Zdkjh eaMGkP;k dkekdktkoj ns[kjs[k o fu;a=.k Bso.ks- 7] U;klkps LoPN iz’kklu o O;oLFkkiu dj.ksps n‘"Vhus iz;Ru dj.ks- 8] U;klkps mnns’k iq.kZi.ks ikj ikM.ks 9] U;klkps n‘"Vhus brj ;ksX; rh dkes ikj ikM.ks- 2] The scheme shall stand implemented from the date of the order. 3] By consent the Assistant Charity Commissioner Jalgaon is appointed as Commissioner. He shall take the following steps- I] Between 1st March to 31st March he shall enroll the members for the Society by following rules framed in that regard in the scheme. II] He shall not have any discretion to reject the proposals of membership except in case the qualification prescribed under the scheme is not fulfilled. III] The Commissioner shall verify the residential status of the members with the help of necessary documents. 4 SA.NO.817.04 IV] On 31st March,2010 he shall stop the enrollment of the members. V] The commissioner shall published the list of the members at his office which shall be available for inspection to the parties and the proposed members. VI] The Commissioner on application shall hear the objections, if any, in respect of membership for five days i.e. upto 6th April,2010. VII] The Commissioner shall then published final list on 7th April and thereafter hold election by declaring election programme as per his convenience within next ten days, at the school premises, run by the Society at village, Kandari, Ta. Bhusawal, District Jalgaon. VIII] The Commissioner shall declare the result and shall handover the Membership Register etc. to newly elected Body. At the same time, the Old Body shall handover the charge to the newly elected Body. IX] The Commissioner at the time of holding election may take assistance from his staff and if necessary Police force be also arranged. X] The appellant shall deposit Rs.5000/- with the Commissioner for meeting expences of election on or before 1st March, 2010 4] In view of this, the Second Appeal is partly allowed in terms of the above order. 5 SA.NO.817.04 5] Needless to say the impugned order in respect of appointment of First Board of Trustee etc shall stand set aside. The present status-quo in respect of the Committee which is formed by present appellants shall continue till new Body is elected. They shall not take any policy decision and shall be responsible only for day to day business of the Society. 6] In view of this Mr. Hon learned Advocate appearing for the appellants upon instructions stated that his clients will not press the Contempt Application pending elsewhere. 7] Mr.Dixit, learned Senior Advocate appearing for the respondents also stated that his clients will withdraw all Criminal Cases which are filed against the appellants and others. 8] The copy of this order shall be utilised for the purpose of nullifying the actions started at the instance of parties. 9] The duly amended scheme annexed herewith shall be part of this order. Sd/- (A.V. NIRGUDE, J.) MTK/ 6 SA.NO.817.04