Shri Joshi, learned advocate appearing for the petitioner has contended that the entire programme of election was released on 21.01.2012 under the signature of Honorary Joint Secretary, is contrary to the provisions of Election Rules governing the elections of various posts in the Trust. This elections are essentially to be held by the General Body only in its Annual General Meeting. The General Body meeting is not called admittedly and by way of some resolution by governing body, it is decided to held elections as per the Election Rules, under which the elections could be held separately outside the General Body.
Shri Joshi has further submitted that in fact the present petitioner has already approached the learned Joint Charity Commissioner with application for seeking appropriate direction under Section 41A of the Bombay Public Trust Act, 1950 and that matter is awaiting its final disposal. Unfortunately, during the pendency of the matter, when serious issue with regard to awarding the elections procedure to be held from General Body and through General Body, an attempt is made to scuttle the entire scheme of the election. Shri Joshi's submission is therefore, prima-facie appears to be correct, as ordinarily if one looks at the rules and regulations appended to the petition, the general body should be the body which should elect the Chairman, however, at this stage, before passing any prohibitory order, it is appropriate that the other side is given an opportunity to be heard on the request of interim relief.
Hence, notice returnable on 15.02.2012. Direct service permitted. Shri Joshi ensures this court that the respondents will be served on or before 10.02.2012.
(S.R.BRAHMBHATT, J.) pallav Top