mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5304 of 2008 Anjuman T. Akhlaque & Ors. .. Petitioners versus Mohammed Yunus Haji Shaikh Issa and others .. Respondents ... Mr.P.K.Dhakephalkar with Mr.N.P.Shimpi for the petitioners. CORAM : A.M.KHANWILKAR, J DATED : 13th August 2008 P.C.: 1. Heard counsel for the petitioner. 2. No interference is warranted against the concurrent finding recorded by two courts below at the interlocutory stage. Counsel for the petitioners submits that the term of elected office bearers is only for three years. The petitioners group claims to have been elected on 25th August 2005; whereas the respondents group claims to have been elected in the elections conducted in September 2005. It is submitted that taking any date as valid elections, the term of office would expire in August or September 2008. 3. In the circumstances, the Charity Commissioner can be directed to appoint appropriate Officer to examine the issue of the disputed membership of the defendants enrolled in the year 2005/2006; and thereafter direct holding of elections to elect new body on the managing Board of Trustees. It is not necessary to issue any directions to the Charity Commissioner in that behalf. The petitioners, if so advised may make such application to the Charity Commissioner which the Charity Commissioner will decide expeditiously in accordance with law. 4. This petition is dismissed with the above observations. (A.M.KHANWILKAR, J)