1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5142/2009 (ANIL LAXMICHAND BOTHRA AND OTHERS VS. ASSISTNAT CHARITY COMMISSIONER, AKOLA AND OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. V.P.Panpalia, Adv. For petitioner. Mr. A.M.Ghare, Adv. For Respondent no.2 & 3. CORAM : B.P. DHARMADHIKARI, J. DATED : JANUARY 20, 2010. Heard. The contention is, order of remand to Assistant Charity Commissioner by Joint Charity Commissioner for fresh adjudication of change report is unwarranted and a direction to hold fresh election ought to have been issued, as both sides i.e. reporting trustees as also present petitioner in their appeal before Joint Charity Commissioner contended that elections conducted by Superintendent in the Office of Assistant Charity Commissioner were not in accordance with law. The said remand by Joint Charity Commissioner has been questioned in further appeal in M.J.C. No. 47/2009 before District Judge Washim and said Court has refused to stay the proceedings before the Assistant Charity Commissioner during the pendency of appeal. It is apparent that only on the ground raised in appeal that the elections conducted were vitiated by 2 reporting trustees, the entire edifice of challenge is based. The appeal is pending before the District Judge at Washim. Hence, I am not inclined to observe anything more in this respect at this stage. The proceedings in M.J.C.No. 47/2009 is expedited and District Judge, Washim, shall attempt to decide the said appeal as early as possible and in any case by 30th April, 2010. If in the meanwhile the Assistant Charity Commissioner decides change report proceedings, the said decision shall be subject to adjudication in M.J.C. No. 47/2009. With these directions, writ petition is disposed of. No order as to costs. JUDGE Rvjalit.