FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | LETTERS PATENT APPEAL NO.120/2009 Shri P.K.Joshi,Adv.for appellant Shri B.L.Sagar Killarikar,Adv.for R.22. .... CORAM : A.P.DESHPANDE & N.D.DESHPANDE,JJ. DATE : 10/2/2010. 1] This Letters Patent Appeal is directed against an order passed by learned Single Judge of this Court dated 24/6/3009 refusing to entertain the Writ Petition. 2] The present appellants filed the Writ Petition by making a prayer to delete the names of respondents 5 to 51 from the voters list of the respondent no.1 Trust. A further prayer was made that the said respondents be restrained from taking part in the process of election, which was then scheduled to be held on 30/11/2008.Learned Single Judge declined to entertain the petition by observing that various disputed questions of facts would emerge for consideration and adjudication, which would not possible to be undertaken in exercise of writ jurisdiction. According to the learned counsel for the appellant, the respondents 5 to 51 were enrolled as members of the trust/association without there being any application moved by them and without the said application being considered by Executive Committee of the trust. The learned Single Judge while considering the said submission has observed that a fact finding is required to be done to ascertain as to whether the respondents 5 to 51 were legally enrolled or otherwise. It is also observed that there is alternative efficacious remedy in the form of enquiry before Charity Commissioner. We have perused the impugned order. The same does not call for any interference. 3] According to the learned counsel for the appellant, the elections had taken place as scheduled and despite participation of the said voters, who are respondents 5 to 51, whose enrollment was questioned, the panel headed by the present appellant has been elected. We are also informed that a change report is also filed with the Charity Commissioner. The learned counsel for the appellant seeks permission to file appropriate application seeking adjudication of the question in regard to legality or otherwise of the enrollment of respondents 5 to 51 as members of the trust before appropriate forum. The learned counsel further submits that such an application would be moved within a period of 7 days from today. By so contending, the learned counsel has urged that the Court should direct the Assistant Charity Commissioner to decide the said application as expeditiously as possible by a time bound period. We permit present appellant to move appropriate application before the authority concerned, with a view to have adjudication of the question in regard to legality or otherwise of the enrollment of respondents 5 to 51 as members of the trust. Application shall be filed within a week from today. The Deputy Charity Commissioner shall decide the application as expeditiously as possible after affording reasonable opportunity of hearing to all concerned. With these observations, Letters Patent Appeal is summarily dismissed. 4] In view of dismissal of Letters Patent Appeal, Civil Application No.6856/09 does not survive and the same is dismissed. [N.D.DESHPANDE] [A.P.DESHPANDE] JUDGE JUDGE umg/lpa120-09