-: 1 :- wp-2236/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2236 OF 2011 S. B. H. Inamdar & Anr. ..Petitioners. Versus The Maharashtra Cosmpoliotan Education Society & Others. ..Respondents. Mr. G. S. Godbole a/w Mr. Manjiri S. Prasnis for the petitioner. Mr. Y. R. Naik for R-1. Mr. K. P. Qureshi, party-in-person, i.e., R-6. Mr. Niranjan Shimpi for R-5, i.e., Mr. S. M. Iqbal. Ms. P. S. Cardozo, AGP for R-3 & 4. Coram : RANJIT MORE, J. Date : March 24, 2011. P. C. : 1. One Mr. Khurshid Anwar and Mr. S. M. Iqbal who claim to be members of the respondent no.1 Society, orally seek permission to intervene in the aforesaid writ petition. This request is not opposed either by the learned counsel for the petitioner or respondents. Therefore, the said persons are impleaded as respondent nos. 5 & 6 in the writ petition. The petitioners shall carry out necessary amendment forthwith. 2. Heard Mr. Godbole, learned counsel for the petitioner, Mr. Naik, learned counsel for respondent no.1, Ms. P.S. Cardozo, learned AGP appearing on behalf of respondent nos. 3 & 4, Mr. srp -: 2 :- wp-2236/11 Niranjan Shimpi, learned counsel appearing on behalf of respondent no.5 and Mr. K. A. Quereshi, respondent no.6 party-in person. The presence of respondent no.2 is not required for the disposal of this writ petition inasmuch as he is appointed as fit person to hold the elections. 3. By consent of learned counsel appearing on behalf of the respective parties and party appearing in person following order is passed : -: O R D E R :- [1] In view of clauses (iii) and (iv) of the order dated 20th December 2010 passed by the learned Charity Commissioner, Maharashtra State, Mumbai in M. A. Nos. 60, 63 & 66 of 2010, the election programme published by the fit and proper person appointed by the Charity Commissioner on 7.3.2011 is modified to the extent indicated herein. A. The election shall be for the following members of the Governing Council, viz., 3 Trustees. 5 Life Memers, 13 Non Life Members. The question whether there are any surviving life members or trustee or not is kept open to be decided by the Joint Charity Commissioner, Pune. -: 3 :- wp-2236/11 B. The tentative list of Voters published by the fit and proper person shall be forwarded by him to the learned Jt. Charity Commissioner, Pune alongwith all the objections to the said list. The question whether the list is properly prepared and all the objections regarding inclusion and/or exclusion of names in and/from the said list are expressly kept open for being adjudicate by the learned Joint Charity Commissioner, Pune. The learned Joint Charity Commissioner, Pune may also receive and consider any further objections filed before him within one week time. C. The learned Joint Charity Commissioner, Pune shall hear all the objections and other concerned parties and after taking into consideration the provisions of the constitution and rules of Respondent no.1-Society and the various judicial pronouncements in the proceedings under the B.P.T Act, 1960, the learned Joint Charity Commissioner, Pune shall prepare a final list of voters after such adjudication. The objections shall be decided by recording reasons within a period of four weeks from today. The parties shall be furnished copies of the decisions on objection and the final list of voters. D. Such final list of voters shall be forwarded by the learned Joint Charity Commissioner, Pune to the fit persons within 5 weeks from today and shall be published by the fit person on the Notice Board and thereafter the modified Election Programme from the stage of issue of nomination forms till declaration of results by suitably changing the dates shall be -: 4 :- wp-2236/11 published by the fit person. [2] All contentions of the parties about the merits of rival claims and contentions are kept open. (RANJIT MORE, J.)