1 CA NO.10517/2008 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.10517/2008 IN WRIT PETITION NO.2098/2003. Deelipsingh s/o Pratapsingh Patil - PETITIONER VERSUS 1) Musa Vazirkhan Patel, died, and Ors. - RESPONDENTS ***** Mr.VJ Dixit, Sr.Counsel h/for Mr.LV Sangit, Advocate for Petitioner; Mr.RN Dhorde, Advocate for Respondent No.1; Mr.BR Warma, Adv. For Respondent Nos.2 & 3; Mr.SB Pulkundwar, AGP for Respondent Nos.4 & 5 ----- CORAM : S.V.GANGAPURWALA, J. DATE : 15th July, 2011. PER COURT : 1) Heard the learned Counsel for the respective parties. 2) This is an application, seeking stay to the further proceedings of Inquiry Application No.769/2008, pending before the Assistant Charity Commissioner, Jalgaon. 3) Shri VJ Dixit, learned Sr.Counsel for 2 CA NO.10517/2008 the petitioner, submits that even the proceedings of the earlier Change Report are stayed by this Court. When the proceeding of the earlier Change Report are itself stayed, the proceedings of the subsequent Change Report cannot be proceeded with. The learned Sr.Counsel further states that various proceedings are pending before the District Court, Jalgaon in respect of challenge to the voters' list and other matters. Unless the same are decided, it would not be in fitness of things, to allow the proceedings of the subsequent change report to proceed further. 4) Shri RN Dhorde, learned Counsel appearing for the respondents, submits that there is no impediment for the proceedings to go ahead. The presnet proceedings are initiated pursuant to the subsequent election which are held and the legality and validity of the said election is an independent issue. The learned Counsel further states that the present respondents are deemed to hold office pursuant to the elections held and declared. 5) This Court, vide its earlier order dated 14.11.2005, has stayed the hearing of Inquiry Application No.586/2003, which was pursuant to the elections held at that time. This Court, vide order dated 4.7.2008 passed on CA No.6857/2008, 3 CA NO.10517/2008 had observed that the litigation regarding the volters list is pending before the District Court and the applicant was given an opportunity to move the District Court for expeditious hearing of the appeal. Though said proceedings are pending since 2002, the same are not yet decided. 6) In view of above conspectus of the matter, it would be appropriate to direct the District Court, Jalgaon, where the Misc. Applications are pending between the parties to this dispute, to decide the same expeditiously and till then to stay the further proceedings of Inquiry Application No.769/2008. 7) In the result, I pass the following order, - (i) The District Court, Jalgaon is directed to decide Misc. Application Nos. 98/2002; 102/2002; 164/2002 and 119/2003, as expeditiously as possible, and preferably within a period of six (6) months from today; (ii) Until further orders, the further proceedings in Inquiry Application No. 769/2008 shall be stayed and shall not be proceeded further; 4 CA NO.10517/2008 (iii) Liberty to the parties to move for further orders after disposal of the Misc. Applications before the District Court. 8) Civil Application is accordingly disposed of. (S.V.GANGAPURWALA) JUDGE bdv/