BABANRAO DAMDUJI JAWADE Vs. DNYANESHWAR RAMAJI BHOYAR

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 4/7/2011 passed by the Assistant Charity Commissioner, Bhandara whereby the Application filed by the respondent no.1 herein came to be allowed and the petitioner herein has been restrained from issuing any notice, circular or letter for calling meetings of the Trust as a Secretary.

(3.) The petitioner herein was the Secretary of the Trust in question. The last elections to the Trust have taken place on 26/10/2008. It is the claim of the petitioner that he is acting as Secretary since 1985 or thereabouts and was acting as such till the restraint order came to be passed against him. The respondent no.1 herein on the basis of the elections purportedly held on 10/2/2010 to the Trust in question, filed an Application invoking Section 41-A of the Bombay Public Trusts Act, 1950. In the said Application, it was averred that pursuant to the said elections, which have taken place on 10/2/2010, the Body elected therein should be allowed to function.