SSK/ 1 caw 1877.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1877 OF 2011 IN WRIT PETITION NO. 5569 OF 2006 Shri Vishwasrao Gopalrao Patil & Ors. ....Petitioners Versus Shri Vijayrao Babasaheb Patil & Ors. ....Respondents and Shri S. Y. Patil, .....Proposed Respondent Shri N. V. Bandiwadekar for petitioners in WP 5569 of 2006 & for applicants in CAW 1877 of 2011. Shri P. K. Dhakephalkar i/b. Pratap Patil for applicant in CAW 1849 of 2011. Shri A. Y. Sakhare i/b. Mr. P. S. Patil for respondent no.5. Shri S. D. Patil for respondent no.9. Shri R. M. Patne, AGP for respondent no.3. CORAM : RANJIT MORE, J. DATED : 7th SEPTEMBER, 2011. P.C.: Heard learned counsel for the respective parties. 2. The civil application is taken out by the original petitioners. The applicants seek to implead Mr. S. Y. Patil, the Election Officer for 2011 Election as respondent no.6 in the above petition. The applicants are removed from the membership under Section 41-A of the Bombay Public Trusts Act,1950 (for short “the SSK/ 2 caw 1877.11 BPT Act”) by the Assistant Charity Commissioner. This order is the subject matter of the above writ petition. Mr. Bandiwadekar, learned counsel, questions the authority of the Assistant Charity Commissioner to remove the members by resorting to the provisions of Section 41-A of the BPT Act. The petition is already admitted and for election of 2006, some arrangement was made by Order dated 24th August, 2006 under which the petitioners were allowed to participate in the election process as by this date, the election process was almost complete except the stage of voting. Now, the said Election Officer has declared fresh election of respondent no.5-Trust for a period of 5 years commencing from 2011. The applicants want to contest the election. However, under the programme published by the Returning Officer they were allowed to vote but were prohibited from contesting the election. In these circumstances, the Election Officer would be a necessary party, and therefore, prayer to implead him in this regard is allowed. Necessary amendment to be carried out within a period of one week from today. 3. The applicants have also claimed relief of quashing the election programme and in the alternative prayed for stay to the election programme. They also want to contest the election. The applicants are already removed by the Assistant Charity SSK/ 3 caw 1877.11 Commissioner under Section 41-A of the BPT Act. The validity of this order is subjudice in the above writ petition. Unless, the Charity Commissioner’s order is set-aside or petition is allowed, the applicants are not entitled to contest the elections. However, in view of the arrangement made for the earlier election, the applicants are entitled to vote in the ensuing election. The election, however, will be subject to the outcome of the above writ petition. The civil application is, accordingly, disposed of. 4. Looking into the controversy involved in the matter coupled with the interest of justice, I am of the view that the petition deserves to be heard expeditiously and at the earliest. The Registry is, therefore, directed to place the writ petition for final hearing on 23rd September, 2011 at 3.00 p.m.. (RANJIT MORE, J.)