-: 1 :- wp-4580/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4580 OF 2009 Shivaji Yesaba Sagat & Ors. ..Petitioners. Versus Bandopant Vithoba Nayakwade & Others. ..Respondents. Mr. V. S. Gokhale for the petitioner. Mr. S. A. Rajeshirke for respondent nos. 1, 2, 4 & 6. Mr. S. N. Bhosale, AGP for respondent no.11. Coram : R. V. MORE, J. Date : July 14, 2010. P. C. : 1. Jay Bhawani Shahupuri Talim Mandal, Kolhapur is a public trust registered under the Bombay Public Trusts Act, 1950. Under its constitution, the day­to­day affairs of the trust are entrusted with the managing committee of 11 members, which consists of one President, one Vice­president, one Secretary and 8 members. There is no dispute that the term of managing committee is one year. Elections to the managing committee for the period of one year, namely, 2007­2008 were held and the respondents were elected as members of that managing committee. I am told that, however, the change report submitted by the srp -: 2 :- wp-4580/10 respondents to effect the change is rejected. 2. Petitioner no.1­ the member of the said trust, filed an application under section 41 of the Bombay Public Trust Act, 1950 for direction to the respondents to hold elections to elect the managing committee for the year 2008­09. This application was rejected on the ground that the period of one year is due to expire within two months and, therefore, the petitioner’s application has rendered infructuous. By the said order, the respondents were also directed to file an application under section 50A(1) of the BPT Act, 1950 for getting the scheme framed for proper administration of the said trust. I am told that pursuant of this order the respondents have filed an application on 7th June 2009 and same is pending. In my opinion, till the decision on the respondents’ application under section 51A(1) of the BPT Act is taken, there is no reason why the respondents should not be directed to hold elections to elect the managing committee especially when the tenure of the respondents has come to an end in the year 2008 itself. Mr. Rajeshirke, learned counsel for respondent nos. 1, 2, 4 & 6 has no objection if the directions to that effect are given. In the circumstances, I dispose of the writ petition by passing following order. -: 3 :- wp-4580/10 ­: O R D E R :­ (1) The respondents are directed to hold elections to elect the managing committee for the year 2010­2011, within the period of three months from today. (2) The elections so held pursuant to the aforesaid directions shall be subject to any order that may be passed by the Deputy Charity Commissioner in an application filed by the respondents under section 51A(1) of the BPT Act. (3) Mr. S. N. Bhosale, learned AGP undertakes to communicate this order to all concerned. (R.V. MORE, J.)