RAVINDRA NANASAHEB DESHMUKH Vs. SHANKARRAO DASHRATH INGLE

JUDGEMENT

(1.) Both these appeals are directed against common judgment and order passed on 16/10/2010 by District Judge, Washim in Miscellaneous Judicial Case Nos. 61 and 62 of 2008.

(2.) The controversy involved in these appeals has at its root a dispute that is raging between the appellants and the respondents in respect of the control over the management of the affairs of "Shree Ambika Education Society, Gawha, District Manora, District Washim" (hereinafter called the 'Society' for short). The said Society is registered under the provisions of Bombay Public Trust Act, 1950 (hereinafter referred to as, 'the BPT Act', for short) bearing registration No. F153/Akola dated 07/7/1964. The affairs of the Society are carried on in accordance with its written constitution containing various rules and regulations to govern all aspects relating to management and execution of the Society.

(3.) It is the case of the appellants that prior to 12/7/1996, appellant No.2 was the member of the executive committee of the Society and from 12/7/1996, he has been elected as President of the Society. The respondents are the members of the executive committee. The appellants submitted that process for election to the post of the President was initiated because of the death of its PresidentZingraji Harbaji Ingle on 21/4/1996. A notice for convening the meeting of the managing committee of the Society on 12/7/1996 for electing the President of the said Society was issued by appellant No.1 on 04/7/1996. By this notice, it was also informed that meeting scheduled on 07/7/1996 had been cancelled due to technical reasons. The meeting was accordingly held and appellant No.2 was elected as President of the Society and thereafter an application under Section 22 of the BPT Act was filed with the Assistant Charity Commissioner, Akola for effecting change. The application was accompanied by a change report and relevant documents. It was registered as Inquiry No.549 of 1996.