IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR SECOND APPEAL NO.418 OF 2010 (SAU ANURADHA ARUN TUMPALLIWAR & ONE ANR....VS.. ASSTT. CHARITY COMMISSIONER, CHANDRAPUR & ORS.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.P. Bhandarkar, Advocate for appellants. Mr. A.C.Dharmadhikari, Advocate with Mr. N.D.Thombre, Advocate for Resp.No.3. CORAM : SMT. VASANTI A. NAIK, J. DATED : SEPTEMBER 20, 2010. This second appeal arises out of two change reports inquiry proceedings which were filed by the rival parties before the Assistant Charity Commissioner. The appellant had filed Change Report No.270/2003 and the rival party i.e. respondent No.3 had filed Change Report No.274/2003, each of the parties claiming that they were elected on the managing committee of the trust. The Assistant Charity Commissioner allowed the change report filed by respondent No.3 and rejected the one filed by the appellants. The Joint Charity Commissioner upheld the decision of the Assistant Charity Commissioner and both the orders were confirmed by the learned District Judge. 2. The learned District Judge, by the judgment and order dated 07.09.2010 held that there was nothing wrong with the orders of the Assistant Charity Commissioner and Joint Charity Commissioner in accepting the Change Report No.274 of 2003. The District Judge, however, directed that the tenure of the elected body was extended for a period of six months from the date of the judgment i.e. 07.09.2010 within which fresh elections shall be conducted for electing a new body for administration and management of the trust, as per the Rules. 3. It is not in dispute that since the year 2005 an Administrator was appointed on the trust. Though change Report No.274 of 2003 was accepted the body of the respondents was not permitted to administer and mange the trust. 4. In such circumstances, specially when the affairs of the trust were managed by the Administrator for a period of more than five years, with the consent of the learned counsel for the parties i.e. appellants and respondent No.3, the following order is passed : i) The Administrator shall hold charge for a period of six months from the date of this order. ii) The limitations placed on the Administrator by the order passed by this Court on 16.07.2003 shall continue while the Administrator functions for the period of six months till the fresh elections are conducted under the supervision of the Assistant Charity Commissioner. iii) The Assistant Charity Commissioner shall, with the help of other competent persons from his office, hold fresh elections of the new body for administration and management of the trust in accordance with the Rules. iv) As soon as the new body is elected, pursuant to the elections conducted under the supervision of the Assistant Charity Commissioner, the charge shall be handed over by the Administrator to the newly elected body immediately. v) It is, however, made clear that this Court has not, in any manner, while passing this order interfered with the finding of fact recorded by the three courts that the Change Report No.274/2003 is valid and legal. 5. The Second Appeal is disposed of in the aforesaid terms with no order as to costs. JUDGE RR.