-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.1544 of 2008 Me.Haridas alias Harish Mahalinga Shetty ..Petitioner vs. 1. The State of Maharashtra and others ..Respondents Shri J.K.Hegde for petitioner Shri Sameer Patil, A.G.P. for respondent no.1. Shri Sachin Punde for respondent no.3 Shri N.P.Wagle for respondent no.5 CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 18th March, 2008 18th March, 2008 18th March, 2008 P.C. P.C. P.C. 1. The affidavit is filed by respondent no.5 in this Court. The copy of which is handed over to the petitioner’s Advocate and all others. At page 2 of the said affidavit the entire schedule of general election for 2008-2009 has been set out. 2. Both sides do not dispute that the election must be held. However, they want the elections to be impartial and fair. On the last occasion upon suggestion from the Court with regard to the constitution of ad-hoc committee for conducting the elections both sides have given a list of names out of which they have agreed to -2- four names. These four names shall constitute the ad-hoc committee and they will conduct the election as per the schedule set out in the affidavit of Shri Rajiv Madhukant Desai affirmed on 14th March, 2008. The ad-hoc committee shall consist of (i) Shri Khagesh Baxi, (ii) Shri Indrabhushan Mishra, (iii) Smt.Vandana C.Pandey and (iv) Shri Srikant T.Jadhav. Ad-hoc committee to ensure that it strictly complies with the schedule set out in the affidavit. There is no question of extension of the said date. The Committee shall notify the election programme on or before 24th March, 2008. 3. In the light of the arrangement arrived at by the parties and the adhoc committee being constituted the application before the Charity Commissioner does not survive. All orders passed by the Asstt. Charity Commissioner are quashed and set aside accordingly. 4. In so far as the expenses for the election are concerned, the Ad-hoc committee shall decide the nominees from amongst them, not more than two, who shall operate the Bank account. The bank account shall be operated only for meeting the expenses of the existing election. The -3- Adhoc Committee to maintain the entire record and accounts for the expenses incurred for the election and submit the same to the General Body after the elections are concluded. Ad-hoc committee to continue and hold charge until the newly constituted committee takes over. Needless to state that respondent no.5 shall hand over all papers and files in his custody to this ad-hoc committee. Respondent no.5 hereafter shall not represent the Borivli Advocates’ Bar Association as Chairman or President. 5. The petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)