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2026 DAILYLAW 7264 (BOM)

KRUSHNA GAJANAN KARKE AND ORS v. THE ASSISTANT CHARITY COMMISSIONER PUNE REGION AND ORS

WP/11865/2026 · 2026-09-08

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

927-WP 11865.2026.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11865 OF 2026 Krushna Gajanan Karke & Ors., …Petitioners Versus The Assistant Charity Commissioner, Pune Region & Ors., …Respondents ---------- Ms. Madhavi Tavanandi a/w Mr. Vivek Thakare & Ms. Jagruti Nimbalkar for the Petitioners. Mr. P.P. Kakade, Addl. GP a/w Ms. Priyanka B. Chavan, AGP for Respondent – State. Mr. Shailendra Kanetkar for Respondent No.2. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 8th SEPTEMBER, 2026. ORDER : 1. By this Writ Petition, the Petitioner is seeking a direction to Respondent No.2 to include the names of the Petitioners in the Register of Members and in the Voters’ List for contesting the ensuing elections of its Executive Committee for the term 2026–2031 in terms of Clause 6(B) of its Constitution and Resolution No.2 dated 6th July 2021 (Annexure D to the Petition). 1/3 KAVITA SUSHIL JADHAV Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.09.09 19:14:53 +0530 927-WP 11865.2026.doc 2. The Petitioners have made several representations including representation made on 25th August 2026 to the returning officer of the election commission. 3. The grievance of the Petitioner is that though they claim to be permanent members of the Respondent No.2 – Trust, Respondent No.2 – Trust has not included their names in the Register of Members. 4. There is also a Change Report Inquiry Application No.2908 of 2021 filed before the Respondent No.1 - Assistant Charity Commissioner, Pune Region on 3rd July 2026 and which is pending under Section 41A of MPT Act (Exhibit G to the Petition). The period for deciding such application is three months as per Section 41A of the Maharashtra Public Trusts Act, 1950. 5. Although Respondent No.2 has disputed that the Petitioners are members of Respondent No.2 as well as contested the Resolution No.2 dated 6th July 2021, we consider it appropriate in view of the aforesaid representations made by the Petitioner, for Respondent No.2 to take a decision on the representation viz. as to whether to include the names of the Petitioners in the Register of 2/3 927-WP 11865.2026.doc members and in the Voters’ list for contesting the elections. This decision shall be taken by Respondent No.2 by 10th September 2026 in accordance with law. 6. The Writ Petition is accordingly disposed of in the above terms. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.] 3/3