11-sr21.wp10812.2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10812 OF 2023 Shrikant Satishrao Salunke And Another ..Petitioners VERSUS The Returning Officer for Lokmanya Shikshan Sanstha, Panchincholi, And Others ..Respondents ---- Mr.V.D.Salunke, Advocate for petitioners Mr.S.P.Sonpavale, AGP for respondent nos.1 and 5 Mr.Nitin Jagdale, Advocate for respondent no.2 Mr.V.D.Gunale, Advocate for respondent no.3 Mr.N.B.Khandare, Senior Advocate h/f. Mr.M.P.Tripathi, Advocate for respondent no.4 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 15, 2026 ORDER :- Heard Mr.V.D.Salunke, learned advocate for petitioners; learned AGP for respondent nos.1 and 5; Mr.V.D.Gunale, learned advocate for respondent no.3; and Mr.N.B.Khandare, learned senior advocate i/b. Mr.Tripathi, learned advocate for respondent no.4. 2. The petitioners had filed Writ Petition with the following two substantive prayers :- B) To issue writ of certiorari or any other appropriate writ or direction in the like nature, the impugned order dated 18.08.2023 passed by respondent no. 1 Returning Officer may kindly be quashed and set aside; 2026:BHC-AUG:42808 2 11-sr21.wp10812 C) To issue writ of mandamus or any other appropriate writ or direction in the like nature, the legally enrolled 33 members including the petitioners in legally held elections under supervision of the Officer from Charity Commissioner may be directed to be included in final voters list. 3. Learned advocate for the petitioners would further submit that during the pendency of Writ Petition, the election programme was declared by the Returning Officer and hence the petitioners were constrained to amend the prayer clauses under the orders of this court. 4. Now, when the matter is taken up for hearing, Mr.Salunke, learned advocate for the petitioners submits that the petitioners are restricting the prayer only to the extent of challenging the latest change report based on the elections held on 03.09.2023. For the purpose of seeking such restricted directions, Mr.Salunke learned advocate takes me through to paragraph 5 of the order dated 17.07.2023 passed by this court in Writ Petition No.8421 of 2023 (Panchakshari Babayya Swami and others Vs. Deputy Charity Commissioner, Latur and ors.). He would submit that his client has reasonable apprehension that due to the observations in paragraph 5 of the order dated 17.07.2023, learned Charity Commissioner may not allow the petitioners to challenge the change 3 11-sr21.wp10812 report based on the election dated 03.09.2023. He would submit that this court vide order dated 17.07.2023, on the basis of the submissions made by the parties thereto, observed that there was no validly elected managing committee even after 2003. He would submit that the petitioners being the stake-holders in the litigation were not arrayed as party to the said Writ Petition and hence the true facts remained to be brought to the notice of this court. However, he submits that although there are no directions or observations whereby the petitioners are impaired from challenging the subsequent change report pursuant to the election dated 03.09.2023, he would seek clarification to that effect. He submits that petition may be disposed of with this clarification. 5. Mr.Gunale, learned advocate for respondent no.3 and Mr.Khandare, learned senior advocate appearing for respondent no.4 places their no objection if the petitioners file any objection to the change report and if the Charity Commissioner decides it in accordance with law by giving them full opportunity of hearing to oppose such application/objection. 6. In view of the above, the Writ Petition stands disposed of with liberty to the petitioners to challenge the change report filed pursuant to the election dated 03.09.2023. Needless to mention the 4 11-sr21.wp10812 Charity Commissioner, in the event of such challenge, shall issue notice to all the stake-holders including the present respondents and shall grant full opportunity of hearing. 7. While deciding the objections which is proposed to be raised by the present petitioners, learned Charity Commissioner shall hear all the parties on all aspects including the locus of the petitioners. With this, the petition stands disposed of. All contentions are kept open. [AJIT B. KADETHANKAR, J.] ……….. KBP