( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5807 OF 2010 Udhav Pandhari Pate & another PETITIONERS VERSUS Vishwanath Mahadevrao Ghadge & others RESPONDENTS .... Mr. A.V. Patil, advocate for the petitioners. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 5th July, 2010] PER COURT : 1. Heard. 2. The elections are directed to be held vide impugned order dated 07-05-2010. There is no dispute about the fact that the elections are overdue. The Educational Trust is managed by seven (7) elected members of Managing Committee. The learned Deputy Charity Commissioner held that admittedly, there are 27 members and accordingly directed holding of election from amongst those members. According to the petitioners, such direction cannot be issued. Reliance is placed on certain observations in “Lahudas Sambhaji Karad v. The State of Maharashtra and others” (AIR 1993 BOMBAY 315). ( 2 ) Counsel would submit that the Charity Commissioner could not have directed to hold elections only from 27 members without following due procedure of preparing a preliminary voters’ list and calling upon objections before finalisation thereof. The voters’ list was already available and was acted upon during the previous election. In “Lahudas Sambhaji Karad” (supra), the fact situation was altogether different. It is held that the underlying idea of Section 41-A is that those directions should relate only to administration of the public trust or for proper accounting or for appropriate application of the income to the objects of the said Trust. The Single Bench held that the Joint Charity Commissioner ought not to have interfered with the process of election after the same was declared. I am of the opinion that the election process cannot be interfered with and the petitioners may have remedy of ventilating their grievances after filing of change report. No need to interfere at this juncture. Petition is disposed of. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp5807-10