Bombay High Court

SHRI. JANAI DEVI SHIKSHAN MANDAL, KARI THROUGH ITS AUTHORIZED REPRESENTATIVEversusJOINT CHARITY COMMISSIONER, PUNE REGION AND ORS.

Decided: 27 July 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The petition is dismissed as infructuous because the elections have been conducted and the Managing Committee's term has expired.

Summary

The petitioner filed a writ petition seeking an order directing a charitable trust to conduct elections for its Managing Committee as per the Trust Deed, which stipulates a three‑year term. The respondents submitted that elections had already been held and the term of the Committee had subsequently expired. The Court examined whether any issue remained for adjudication after the alleged elections and expiry of the term. Finding that the trust had complied with the election requirement and that the Committee’s tenure was over, the Court held that there was nothing left to decide. Consequently, the petition was declared infructuous and dismissed.

Issues considered

Whether the trust is required to conduct elections for its Managing Committee under the Trust Deed.
Whether the writ petition remains maintainable after the elections have been held and the Committee's term has expired.

Subjects

trust law
charitable trust
elections
managing committee
writ petition
infructuous

Judgment

                                                                            8-wp-12760-2017.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.12760 OF 2017

                      Janai Devi Shikshan Manda,
SHABNOOR
AYUB                  Kari Through Its Authorized
PATHAN                Representative                               … Petitioner
Digitally signed by
SHABNOOR AYUB
PATHAN                            V/s.
Date: 2026.07.27
15:23:22 +0530        Joint Charity Commissioner,
                      Pune Region & Ors.                           … Respondents

                      Mr. Shailendra S. Kanetkar, for the Petitioner.
                      Ms. A. A. Nadkarni, AGP, for the State – Respondent
                      No.1.
                      Mr. Mahindra B. Deshmukh, for Respondent Nos.2, 4,
                      7.


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : JULY 27, 2026
                      P.C.:

                      1.      The impugned order directs the Trust to conduct elections in
                      accordance with the Trust Deed. The Trust Deed provides that the
                      term of the Managing Committee shall be three years. According to
                      the respondents, the elections have already been conducted, and
                      the tenure of the said Managing Committee has since expired.

                      2.      Accordingly, nothing survives for adjudication in the present
                      petition. The petition has, therefore, become infructuous and is
                      accordingly dismissed.

                                                                   (AMIT BORKAR, J.)




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