1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1163 OF 2010 Atmaram S/o. Mahadeorao Karad. Petitioner Versus The State of Maharashtra & others Respondent. Shri R.N. Dhorde, Advocate for petitioner Shri S.S. Choudhari, Advocate for the respondent No.3 Shri Vivek Bhavthankar, Advocate for respondent No.4 . CORAM : A.P. DESHPANDE AND N.D. DESHPANDE, JJ. DATE : 25th February, 2010. COURTS ORDER : 1] By the present writ petition, the petitioners, who are members of Jawahar education society, which is a public trust registered under and governed by the provisions of the Bombay Public Trust Act , objects to the holding of elections as per the amended bye-laws. According to the petitioners, the ensuing elections of the Managing Committee of the trust/society is being 2 conducted on the basis of amended byelaws, though the amended byelaws are yet not sanctioned by the Assistant Charity Commissioner and a change report in that regard is pending. 2] Shri S.S. Choudhari, and Shri Bhavthankar, learned counsel for the respondent Nos. 3 and 4, respectively, make a categorical statement that the respondent Nos. 3 and 4 are holding the election of the Managing Committee of the Trust, not on the basis of the amended bye-laws, but on the basis of the old bye-laws. Under the old bye-laws, the term of the managing committee is of 3 years, whereas, under the amended bye-laws the term of the managing committee is of 5 years. It is specifically stated by the learned counsel for the respondent Nos. 3 and 4 that the ensuing election is being held to elect the managing committee, which would hold the office only for a period of 3 years, as provided for under the old bye laws. 3 3] We accept the statement made on behalf of the learned counsel for the respondent Nos.3 and 4 that the present election of the managing committee is for a term of 3 years. 4] It is next contended by Shri Dhorde, learned counsel for the petitioner that some of the members whose names are included in the voters list could not have been admitted to the membership of the Trust. According to him, the number of wrongly admitted members is in the range of 425 voters. Those persons whose names are included in the voters list consequent upon their admission to the membership of the Trust upon them, are not before this court. As such, it is not possible for this court to examine the legality and validity of the enrollment of the said members, more so, when the entire election process barring the actual voting is completed. A list of contesting candidates is also declared today. In that view of the matter, we do not propose to examine the said issue in regard to the legality or otherwise of the membership and/or inclusion of names 4 of 425 persons in the voters list. We make it clear that it shall be open for the petitioners to raise appropriate objection before appropriate forum, as and when a change report would be submitted to the Charity Commissioner under Section 22 of the Bombay Public Trust Act. . With the above observations, writ petition is disposed of. [N.D. DESHPANDE,J] [A.P. DESHPANDE,J.] grt/-