1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4501 OF 2010 1. Prabhakar S/o Shankar Kothawade and others .. .. Petitioners Versus 1. The Khandesh Education Society and others .. .. Respondents Shri V. D. Sapkal, Advocate for Petitioners. Shri A. B. Kale, Advocate for the Respondent No. 1. Shri R. N. Dhorde, Advocate h/f Shri V. P. Patil, Advocate for the Respondent No. 2. Smt. A. V. Gondhalekar, A.G.P. for the Respondent No. 3. WITH WRIT PETITION NO. 4558 OF 2010 Sunil S/o Gulabrao Shisode .. .. Petitioner Versus 1. The Khandesh Education Society Pratap College through Secretary and others .. .. Respondents Shri V. D. Sapkal, Advocate for Petitioners. Shri A. B. Kale, Advocate for the Respondent No. 1. Shri R. N. Dhorde, Advocate h/f Shri V. P. Patil, Advocate for the 2 Respondent No. 2. Shri P. R. Adkine, Advocate for the Respondent No. 3. Smt. A. V. Gondhalekar, A.G.P. for the Respondent No. 4. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 19TH JULY, 2010. PER COURT : . By this petition under Article 226 of the Constitution of India, the petitioners pray in Writ Petition No. 4501 of 2010 to quash and set aside the election programme published by the respondent No. 2 on 30th April, 2010 and in Writ Petition No. 4558 of 2010 the petitioner prays for quashing and setting aside the election programme dated 25th March, 2010. Undisputedly, both these petitions relates to the same election programme which is published by the respondents. 2. Mr. Sapkal, learned counsel for petitioners has invited our attention to the order passed by learned Single in Writ Petition No. 4490 of 2010 and Civil Application No. 6866 of 2010. The aforesaid order for the sake of convenience is reproduced which reads as under : 3 P. C. :- 1. Heard counsel for the parties. 2. By consent, the Petition is being finally disposed of on following terms:- (I) The impugned order is set aside. (II) The learned Assistant Charity Commissioner is directed to nominate a responsible Officer to hold free and fair elections of the educational trust. The nomination shall be made within period of two weeks. (III) The authorized nominee shall declare the election programme de-novo and the earlier election programme, if any, be deemed as revoked. (IV) The elections shall be conducted within a period of three months. The newly elected management shall be induced in the Office immediately after the elections are over and shall be given the charge of the Office. 3. Petition disposed of. Civil application no. 6866 of 2010 also stands disposed of. 4. Since the learned Single Judge of this Court has directed the Assistant Charity Commissioner to nominate a responsible officer to hold fresh and fair elections of the educational trust 4 and the authorized nominee has been directed by the learned Single Judge of this Court to declare the election programme de- novo and has held that the earlier election programme is deemed to be revoked. 5. We are further informed by learned counsel for parties that no letters patent appeal has been filed and is pending in this Court questioning the order of the learned Single Judge referred to above. 6. Since the learned Single Judge has directed the Assistant Charity Commissioner to appoint an authorized person to conduct the election and issue a de-novo election programme and has directed that the earlier election programme would stand revoked, according to us, nothing further survives for the consideration of these petitions. In that light of the matter, therefore, both these petitions are disposed of in terms of the order of the learned Single Judge with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10