(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1871 OF 2010 1. Prakash s/o. Motiram Mahajan, Age : 60 years, Occupation : Nil, R/o. Nanda Deep Mankar Plot, Raver, Taluka Raver, District : Jalgaon. 2. Madhukar s/o. Laxman Bhande, Age : 45 years, Occupation : Nil, R/o. Bhakarikar Lane, Raver, Taluka Raver, District Jalgaon. .. Petitioners. versus 1. Rajkumar Shobhraj Chandnani, Age : 50 years, Occupation : Nil, R/o. Near Panchayat Samiti, Raver, Taluka Raver, District Jalgaon. 2. The Joint Charity Commissioner, Nashik Region, Nashik. 3. The Assistant Charity Commissioner, Jalgaon Region, Jalgaon. (2) 4. The Returning Officer @ Shri S.N. Buwa, Age : Major, Occupation : Service, R/o. Assistant Charity Commissioner's Office, Ambedkar Market, Jalgaon. 5. Shri Rajkumar Sobhraj Chandnani, Age : 35 years, Occupation : Business, R/o. Near Rest House, Raver, Taluka Raver, District Jalgaon. 6. Shri J.J. Deshmukh, Age 50 years, Occupation : Advocate, R/o. Deshmukh Wada, Raver, Taluka Raver, District Jalgaon. 7. Shri Ashok Bhagwan Shinde, Age 50 years, Occupation : Business, R/o. Rath Galli, Raver, Taluka Raver, District Jalgaon. 8. Premchand Rajaram Gandhi, Age 50 years, Occupation : Business, R/o. Near Datta Mandir, Raver, Taluka Raver, District Jalgaon. (3) 9. Rameshwar Tukaram Devkar, Age : 50 years, Occupation : Business, R/o. Near Langada Maruti Temple, Raver, Taluka Raver, Dist. Jalgaon. 10. Jayant Sudhakar Kulkarni, Age 50 years, Occupation : Service, R/o. Tirupati Nagar, Raver, Taluka Raver, District Jalgaon. 11. Ashok Jagannath Sonar, Age 50 years, Occupation : Business, R/o. Near Langada Maruti Temple, Raver, District Jalgaon. 12. Sunil Haribhau Mahajan, Age 50 years, Occupation : Business, R/o. Near Datta Mandir, Raver, Taluka : Raver, District : Jalgaon. 13. Adv. A.J. Patil, Age 40 years, Occupation : Advocate, R/o. In front of New Court, Raver, Taluka Raver, District Jalgaon. 14. Vikas Eknath Khandwekar, Age 40 years, Occupation : Business, R/o. Rath Galli, Raver, Taluka Raver, District Jalgaon. .. Respondents. (4) ....................... Mr. A.S. Sawant, Advocate, for the petitioners. Mr. M.M. Bhokarikar, Advocate, for respondent nos.1, 8, 9, 11, 13 and 14. Mr. K.J. Ghute Patil, Assistant Government Pleader, for respondent nos.2, 3 and 4. Respondent nos. 5, 6, 7, 10 and 12 served (Absent). ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 25TH FEBRUARY 2011 COURT'S ORDER : 1. Though Adv. Mr. Sawant, for the petitioners, has raised some valid points, I find that the election process contemplated by the impugned order is already over. The fact that the elections were long overdue and could not be held is also on record. There was earlier a direction by very same authority to hand over records to the present petitioners whose (5) names were found last included in Schedule-I and that direction was not complied with. Reporting trustee whose change report failed attempted to obtain orders in his favour to hold elections. 2. It appears that the Assistant Charity Commissioner has by the impugned order directed Inspector attached to his office to conduct the elections. The direction is apparently inconsistent with his earlier order under Section 41A of the Bombay Public Trusts Act, 1950. However, that direction was not stayed by this Court and elections are over. Adv. Mr. Bhokarikar, for respondent nos. 1, 8, 9, 11, 13 and 14, states that accordingly change report is also filed by the new body. 3. In these circumstances, various disputed questions arise and only absence of jurisdiction in Assistant Charity Commissioner to issue impugned direction may not be decisive fact. 4. Hence I am not inclined to record any finding or arguments being advanced by Adv. Mr. Sawant, for the petitioners. 5. Keeping all questions open and with liberty to the (6) petitioners to file appropriate objections in pending change report proceedings, present petition is disposed of. Assistant Charity Commissioner shall attempt to decide pending change report proceedings / objections as early as possible. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp1871