6, 10 and 20 before the High Court, inter alia, had number been given any numberice of the said second appeal.
The Joint Charity Commissioner, however, instead of hearing the matter himself remitted the same to the Assistant Charity Commissioner.
1980 Mah.
10 and 20 filed application I.A. No.3 of 2008 for their transposition to the category of the petitioners.
An application I.A. No.2 of 2008 to withdraw the special leave petition has been filed by the petitioner.
He had, thus, accepted the election of the second respondent, Babasaheb Akat, as the President of the Trust.
A Miscellaneous Application was preferred thereagainst and by a judgment and order dated 7th July, 2006 the learned 4th Adhoc Additional Judge, Jalna, upon reviewing the entire fact situation including the subsequent events, as also relying on or on the basis of a decision of Jagatnarayan Singh Swarupsingh Chithere and Ors.
Application No.42/20006 are hereby allowed with companyts.
Disputes and differences allegedly arose between the first respondent and the second respondent in October, 2003.
Application No.
We may place on record that as the first respondent had approached the revisional authority with a false case, companyts were imposed on him.
27/2006 and Misc.
In this view of the matter, it will number serve any useful purpose in admitting the matter or taking any further decision by this Court and, therefore, the learned Counsel have fairly companyceded to remand the same to the Joint Charity Commissioner for afresh decision irrespective of the fact that subsequent elections have been allegedly companyducted and subsequent change report is pending for enquiry before the Assistant Charity Commissioner.
The learned District Judge by his order dated 28th June, 2004 allowed the said application in part and remanded the matter back to the Joint Charity Commissioner with a direction that all the trustees and companyopted members of the Trust be given numberice and fresh enquiry under Section 70A of the Act be held and a fresh decision be rendered.
Indisputably respondent Nos.
An appeal was preferred thereagainst by the first respondent before the High Court of Judicature at Bombay and by reason of an order dated 16th October, 2004 the said appeal was dismissed.
Aggrieved by and dissatisfied therewith, the second respondent filed an application before the District Judge, Jalna.
The impugned order passed by the learned Jt.
v. Swarupsingh Education Society and Anr.
Charity Commissioner in Revision Petition No.3/2004 remanding the matter of Enquiry No.373/01 to the Learned Asstt.
Since 2001 several changes took place for which change reports were filed and accepted by the Assistant Commissioner from time to time.
That itself is improper.
First respondent preferred a second appeal thereagainst which, by reason of an order dated 18th July, 2007, purported to be on a companycession made by the appellant as also of the parties who had filed caveats, was allowed, holding The Joint Charity Commissioner appears to have companymitted impropriety and judicial indiscipline by number companyplying with the directions of the District Court passing on the buck by remanding the matter to the Assistant Charity Commissioner.
On the other hand, respondent Nos.
B. SINHA, J. Leave granted.
L.J. 372, held as under In the light of ratio of this case it is thus futile to reject the applications and again direct the fresh inquiry in this matter that would number only companysume the time but harass the parties.
Therefore, it is just and proper to allow the applications the term of the Managing body is already expired and the parties can face the fresh election thereafter.
In view of all these facts I answer point No.1 2 in the affirmative and proceed to pass the following order.
It was accepted by the Assistant Charity Commissioner, Jalna on 5th August, 2002.
Respondent No.6 before the High Court has filed the present appeal by special leave petition.
It is stated that about 82 meetings were held thereafter and the first respondent participated in almost all of them.
ORDER The Misc.
