- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL (St) NO.3384/2006 Rashid Kasimsab Bagwan & another. ...Appellants.. Versus Shaikh Isakoddin Alimoddin & others. ...Respondents... ..... Shri V.B. Anjanwalkar, Advocate h/f Shri V.D. Hon, Advocate for appellants. Shri Shri M.C. Syed, Advocate for respondent nos.2,5,6,7 & 9 (absent). Respondent nos.4 & 8 served. Dismissed against respondent nos.1 & 3 a per Court’s order dated 24.4.2009. ..... CORAM: R.M. BORDE, J. DATE: 15.09.2009 PER COURT: Heard counsel for the appellants. The appellants claim that they have interest in the affairs of the trust and as such they tendered a revision application bearing No.35/2003 u/s 70-A of the Bombay Public Trust Act before the Joint Charity Commissioner, Latur, - 2 - objecting the order passed by the Assistant Charity Commissioner, Latur Region, Latur, on 18.7.2003, whereby the Assistant Charity Commissioner accepted the change report bearing No.413/2003 presented by the respondents herein. The respondents are the trustees of the trust and it is contended that they were the out-going members of the managing committee of the trust, who tendered their resignations on 30.4.2003. After tendering the resignations by the trustees of the trust, the Secretary, called general body meeting for electing a new body for administering the affairs of the trust and accordingly general body meeting was held on 18.5.2003 and the respondents herein were elected as members of the managing committee of the trust. The change was reported to the Assistant Charity Commissioner, who was pleased to accept the same by his order dated 18.7.2003. The appellants herein objected to the change by presenting revision application to the Joint Charity Commissioner on several grounds. The Joint Charity Commissioner, however, turned down the objections raised by the appellants by his judgment and order dated 18.11.2003. The appellants thereafter approached the District Court by filing Miscellaneous Application No.145/2003 u/s 72 of the Bombay Public Trust Act taking exception to the order passed by the revisional authority. The application came to be heard and disposed of by Ad Hoc District Judge, Latur, on 6.9.2005, who was pleased to dismiss the application. I have perused the order passed by the Courts / authorities below. It is pointed out that as per the constitution of the trust, the managing committee of the trust is required to be elected every five years. Admittedly, the managing committee was elected on last occasion on 18.5.2003. The period of office of the respondents is already over. The challenge raised in the instant appeal, therefore, is rendered stale and infructuous. Apart from this aspect, it transpires that the appellants are not the members of the trust nor have exhibited their interest in the functioning of the trust. The revisional authority as well as the District Judge refused to entertain the grievance raised by the appellants on the ground that they have failed to exhibit their - 3 - interest in the affairs of the trust. The revisional authority, however, has considered the merits of the objections and has held in favour of the respondents. The District Judge also in miscellaneous application has considered the objections raised by the appellants herein, although they have in fact no entitlement to raise such objections and found that the objections are without any basis or foundation. The reasons recorded by the Courts / authorities below are proper and do not call for any interference in exercise of powers u/s 100 of the Code of Civil Procedure. No substantial question of law arises in the present appeal. The second appeal stands dismissed summarily. (R.M. Borde, J.) ndk/c1590978