1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 547 OF 2009 Pramod s/o Wamanrao Neb & others .. APPELLANTS VERSUS Narayan s/o Asaram Shengule & others .. RESPONDENTS WITH SECOND APPEAL NO. 548 OF 2009 Ramchandra s/o Jairam Kunde .. APPELLANT VERSUS Narayan s/o Asaram Shengule & others .. RESPONDENTS Mr. S.S. Nirkhee, Advocate for the appellants. Mr. K.J. Suryawanshi, Advocate for respondent no. 1. ===== CORAM : R. M. BORDE, J. DATE : 22nd FEBRUARY, 2010 2 PER COURT : 1 Appellants / original objectors in the proceedings initiated before the Assistant Charity Commissioner have presented the appeals raising exception to the concurrent judgments recorded by the court / authority below. 2 Respondents presented change report bearing no. 590/2005 claiming that the elections of the Managing Committee of the trust were held and the change occurred on the basis of election be recorded. Appellants / original objectors raised objection to the proposed change on the ground that there are infact 46 members of the trust and that they have been deprived of the opportunity to cast their vote during the elections. Validity of the elections held by the trustees has been questioned. It is also further contended that holding of elections by the applicants is in not in accordance with the directives issued by the Jt. Charity Commissioner in its judgment dt. 14-1-2005. It is also further contended that the Election Officer has committed number of illegalities and has not abided by the directives issued by the Jt. Charity Commissioner. After considering the application tendered by the respondents herein / objectors before the Assistant Charity Commissioner, the authority was pleased to accept the change proposed 3 by the applicants. Order passed by the Assistant Charity Commissioner was subjected to appeal at the instance of the petitioners in enquiry no. 21/2007 and 22/2007. Appeals were heard and disposed of by the Jt. Charity Commissioner, Aurangabad who was pleased to dismiss both the appeals. Objectors raised challenge to the order passed by the Jt. Charity Commissioner by presenting applications bearing MARJI nos. 5/2008 and 30/2008 which were heard and disposed of by the District Judge – 2, Aurangabad who was pleased to dismiss the same on 15-11-2008. As against the rejection of applications by the District Judge confirming the order passed by the authority prescribed under the Bombay Public Trust Act, the instant second appeals are presented. 3 I have perused the orders passed by the authority / courts below and heard arguments advanced by Mr. Nirkhee, learned counsel for the appellants and Mr. K.J. Suryawanshi, learned counsel for respondent no. 1. Mr. Nirkhee, learned counsel for the appellants mainly raised two objections; first objection is as regards enrollment of the members and second is as regards non-observance of the procedure by the Election Officer. So far as the first objection as regards enrollment of new members is concerned, it is to be noted that such an objection was raised by the objectors in the earlier 4 proceeding also. It is pointed out that change report no. 1146/1998 was presented by the appellants contending that there were about 35 members of the trust and meeting of trustees was held on 17-12-1998 and the Managing Committee came to be elected. However, proposed change has been turned down by the Assistant Charity Commissioner on 2-4-2004. It is observed in the judgment that there are only 11 members of the trust and the case put up by the objectors in respect of there being 35 members of the trust has been turned down. The objectors presented appeal bearing no. 11/2004 before the Jt. Charity Commissioner, the same was also dismissed on 14-1-2005. Thus, there is finality attached to the issue in respect of membership as the judgment by the appellate forum has not been challenged by the objectors. It is also contended that a similar issue was raised which came to be turned down by the Assistant Charity Commissioner. Appeal presented against the rejection of change being Appeal no 69/1997 at the behest of the objectors has also been turned down. In view of the decision rendered in the proceedings on the objections raised by the objectors in relation to membership of the trustees, it would not be permissible for the objectors to re-agitate the same issue which has infact attained finality. Apart from this, it has been observed by the authority below that the objectors have not lead any evidence to 5 substantiate their contention. Another objection as regards non-observance of the procedure by the Election Officer has also been dealt with by the Assistant Charity Commissioner, Jt. Charity Commissioner and the District Judge. The authorities / courts below have concurrently recorded finding that the Election Officer has adhered to the procedure prescribed for holding elections and that he has not violated the directives issued by the Jt. Charity Commissioner. In view of the reasons recorded above, I do not find that both the appeals deserve any consideration. No substantial question arises for consideration in the appeals. Both the appeals stand dismissed summarily. 4 In view of dismissal of the appeals, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa547.09.odt