Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Order Date: 6 October 2026
Case Overview
- Petitioners: Nareshwar Shikshan Prasarak Mandal Sanaswadi, represented by trustees Annasaheb Darekar & others.
- Respondents: Ld. Deputy Charity Commissioner, Pune and State Government.
- Petition filed as Writ Petition No.11528 of 2025 seeking (a) quashing of the order dated 30‑06‑2025 passed by Deputy Charity Commissioner, and (b) direction to conduct elections for the tenure 2024‑2029 based on membership list in Exhibit B.
- Respondent No.2 objected on maintainability, invoking Section 70A of the Maharashtra Public Trust Act, 1950, arguing that the remedy lies with the Charity Commissioner.
- Petitioners relied on Division Bench of Nagpur Bench decision in Vanmala Manoharrao Kamdi & Ors. v. Deputy Charity Commissioner, Nagpur, contending they may still pursue writ relief.
- Court noted that petitioners could approach the Charity Commissioner within one week with an application for stay; the stay application is expected to be considered within six weeks, and status quo to be maintained pending disposal.
Final Outcome
- The writ petition is disposed of; the court does not grant the reliefs sought.
- Petitioners are directed to file a stay application before the Charity Commissioner within one week.
- The Charity Commissioner is expected to decide the stay application within six weeks.
- Parties are to maintain the status quo as of the date of the order.
Topics: Charity Trust Governance, Writ Petition