1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6605 OF 2009 Liyaqat Ali Niyamat Ali Kazi .. Petitioner. Vs. Salim Ahmed & Ors. .. Respondents. Mr.N.R.Bubna for the petitioner. Mr.S.M.Kamble for respondent nos.1 and 3. Coram: D.B. BHOSALE, J. Dated : 31ST AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. By this writ petition, the petitioner has impugned the order dated 14.7.2009 passed by the Deputy Charity Commissioner, Nashik Region, Nashik, disposing of the change report enquiry no.345 of 2006. The operative portion of the order dated 14.7.2009 reads thus: “1. Change report No.345/06 stands rejected. By exercising power under section 41 of Bombay Public Trusts Act, 1950 I direct Smt.Kalindi Hinge, to call meeting of the surviving trustees within 9 days from the date of passing this order to decide for taking steps for holding election. 2. New members be enrolled as per the category mentioned in the constitution for forming the body of managing committee as per the constitution if there are no sufficient 2 members, within one month from the date of passing of this order. 3. Smt.Kalindi Hinge is further directed to issue receipt under her signature after accepting membership fees. 4. The election of managing committee be held with participation of the members who were enrolled till 18.7.1993 with participation of newly enrolled members within two months from the date of this order. 5. It is further directed that Shri Salim Ahmad, who is a treasurer, shall assist Smt.Kalindi Hinge, to complete the election process and to keep the proper account of the membership fees received. 6. The tenure of the body elected on 18.7.1993 to continue till the new body is elected.” 3. Counsel for the respondents submits that the directions issued in paragraph 2, 3, 4 and 5 of the operative portion have already been complied with. In view thereof the learned counsel for the parties have agreed for the following order: The Deputy Charity Commissioner, Nashik Region, Nashik, shall appoint an officer from the Charity Commissioner’s office within a period of two weeks from the date of receipt of this order to hold elections of the trust – Manmad Education Society, Manmad, District Nashik. The Officer shall hold elections of the 3 Trust within a period of six weeks from the date of his appointment with the assistance of respondent nos.1, 3 and the petitioner. Respondent nos.1, 3 and the petitioners shall only assist him to hold elections and shall not interfere with the decisions taken by him or create any hurdle in holding the elections within the time stipulated. Respondent no.1 shall not enroll any more members and the voters list will be prepared from amongst the existing members and the persons enrolled as members in pursuance of the impugned order dated 14.7.2009 till today i.e. 31.8.2009. The officer appointed by the Charity Commissioner shall handover charge of the trust to the newly elected body immediately after the results of the elections are declared. In view of this order, the direction issued in paragraph 1 of the operative portion of the impugned order dated 31.8.2004 renders ineffective. With these observations the writ petition is disposed of. (D. B. Bhosale, J.)