Bombay High Court

KRUSHNA GAJANAN KARKE AND ORSversusTHE ASSISTANT CHARITY COMMISSIONER PUNE REGION AND ORS

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The Court directed Respondent No.2 to decide on the inclusion of the petitioners in the Register of Members and Voters' List by 10 September 2026.

Summary

The petitioners, Krushna Gajanan Karke and others, filed a writ petition seeking a court direction that the Trust (Respondent No.2) include their names in its Register of Members and Voters' List for the upcoming Executive Committee elections (2026‑2031) based on Clause 6(B) of the Trust's Constitution and a 2021 resolution. They alleged that, despite being permanent members, the Trust had omitted them from the register despite several representations, including one on 25 August 2026 to the election returning officer. Respondent No.2 contested the petitioners' membership and the validity of the 2021 resolution. A pending Change Report Inquiry before the Assistant Charity Commissioner under Section 41A of the Maharashtra Public Trusts Act, 1950, was noted, which mandates a decision within three months. The Court, finding the representations sufficient, ordered Respondent No.2 to decide on the inclusion of the petitioners' names by 10 September 2026, in accordance with law, and disposed of the writ without costs.

Issues considered

Whether the petitioners are entitled to be listed as members and voters of the Trust for the 2026‑2031 Executive Committee elections.
Whether the court can direct the Trust to make a decision on inclusion pending a pending inquiry under the Maharashtra Public Trusts Act.

Legislation cited

Maharashtra Public Trusts Act, 1950 — s. 41A

Subjects

trust law
membership register
voters list
executive committee election
public trusts act
writ petition
representation
Maharashtra

Judgment

                                                                               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,                     …Respondents
                   Pune Region & Ors.,
                                                 ----------
                   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
KAVITA
SUSHIL
JADHAV             2021 (Annexure D to the Petition).
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.09.09
19:14:53 +0530




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                                                     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

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                                                     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.]




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