bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4829 OF 2008 PETITION NO. 4829 OF 2008 PETITION NO. 4829 OF 2008 Shri Vikas Vasantrao Kharade & ors. ... Petitioners v/s State of Maharashtra & ors. ... Respondents Mr.H.G.Wakshe for the petitioners. Mr.Sameer Patil, A.G.P. for Respondent Nos.1 and 2. Mr.T.S.Ingale for respondent Nos.3 and 4. Mr.S.D.Patil for respondent Nos.5 and 6. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH NOVEMBER, 2008 10TH NOVEMBER, 2008 10TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. This petition challenges the order passed on 30.5.2008. The petitioners contend that the order affects them as they are "reporting trustees". It is, therefore, submitted that they were necessary party before the Assistant Charity Commissioner. 2. This order of 30.5.2008 was also challenged by the respondent No.4 by preferring a writ petition in this Court. After some orders were passed in the writ petition L.P.A. No.161 of 2008 was preferred by the 2 respondent No.5 herein. Several directions were issued by the Division Bench while disposing of the appeal including the following directions:- "(c) While deciding all these matters including management of the Trust, the Assistant Charity Commissioner may also examine the question of affair being managed by the duly elected body in accordance with bye-laws of the Trust. The Assistant Charity Commissioner is directed to expedite the matters and after hearing all the parties to pass orders in accordance with law." It is obvious therefore that the petitioners would be necessary parties before the Assistant Charity Commissioner as they claim to be the duly elected trustees. The petitioners must be joined as parties to the application before the Assistant Charity Commissioner. However, this would not necessarily mean that the petitioners are the validly elected trustees of the respondent No.3. 3. The question as to whether or not the petitioners are the validly elected trustees, is kept open. All other contentions of the parties are also kept open. 4. Writ petition disposed of accordingly.