FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5699 OF 2011 "Brijeshmohan Raghuvirprasad Tiwari Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.B. Yawalkar, Advocate for petitioner. Mr. V.D. Godbharle, Assistant Govt. Pleader for respondent No.1 and 2. Mr. V.D. Hon, Advocate holding for Mr. V.P. Patil, Advocate for respondent Nos. 3 and 4. CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE :- 3rd AUGUST, 2011. PER COURT :- 1] Leave to amend. Amendment to be carried out forthwith. 2] Heard learned counsel for the parties. In this petition, the petitioner has made the following prayers :- “[B] Issue appropriate writ / direction / order by quashing and setting aside the impugned agenda dated 16/7/2011 and the election programme dated 16/7/2011 [Exh.”D”] of the respondent No.3 trust issued by respondent No.4 i.e. Ankush Narayanrao Patil” {E}Direct the respondent No.2 to hold the election of FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5699 OF 2011 "Brijeshmohan Raghuvirprasad Tiwari Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 the respondent No.3 trust, as per the constitution of the trust.” 3] We have perused the agenda, so also, the election programme declared by the Secretary of the trust. It appears that the trust has appointed their secretary as Returning Officer, and he is also participating in the election as one of the candidates. He has declared the election programme on 16/7/2011. In view thereof, when we suggested to the learned counsel appearing for the parties the order that we propose to pass, they have agreed for the said order. Hence, we pass the following order :- [i] Respondent No.2 Assistant Charity Commissioner, shall appoint some officer from their office as Returning Officer within a period of 4 weeks from today, to hold elections of respondent No.3 Trust. [ii] After such an appointment is made, the Returning Officer shall declare fresh election programme and complete the election process, within a period of 8 weeks from the date of his appointment. It is needless to mention that the Returning Officer shall follow the due procedure for conducting the elections of the managing committee of the trust. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5699 OF 2011 "Brijeshmohan Raghuvirprasad Tiwari Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 [iii] The election programme declared by the Secretary dated 16/7/2011 is quashed and set aside. [iv] Insofar as the meeting, which is scheduled on 8th August, 2011 is concerned, it is open to respondent No.3 trust, to hold the meeting. However, they shall not discuss and/or take any decision in respect of the item No.4. [v] Petitioner to communicate this order to respondent No.2 Assistant Charity Commissioner, within two weeks from today. With these observations, writ petition is disposed of. An authenticated copy of this order, be given to the learned counsel for the parties, to act upon. [S.B. DESHMUKH,J.] [D.B. BHOSALE, J.] grt/-