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Bombay High Court

SHREE NAKODA EDUCATION SOCIETY THR. PRESIDENTversusSTATE OF MAHARASHTRA AND ORS.

Disposal
Dismissed

Holding

The writ petition is dismissed as there is no sufficient ground to condone the delay or interfere with the Charity Commissioner’s order.

Summary

The petitioner, Shree Nakoda Education Society, challenged a order dated 20 June 2025 by the Joint Charity Commissioner that dismissed Revision Application No.44 of 2023 concerning a change report for the charity body’s election for 2019‑2022. The petitioner argued that relevant documents were unavailable because the former president had relocated, and sought an opportunity to place those documents on record. The court noted that the petition was filed on 28 April 2026, more than a year after the impugned order, and the petition did not provide any reasons for condoning the delay. The court observed that the change report pertained to a past period and that any subsequent elections would have generated new reports, rendering the petition moot. Consequently, the court found no merit to entertain the writ and dismissed the petition.

Issues considered

  • Whether the revision application dismissed by the Joint Charity Commissioner can be condoned despite the delay.
  • Whether the High Court has jurisdiction to entertain the writ petition challenging the dismissal of the revision application.

Subjects

  • Charity Law
  • Revision Application
  • Writ Jurisdiction
  • Change Report
  • Election of Charity Body
  • Delay Condonation

Judgment

                                                                                   41-WP-4196-2026=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 4196 OF 2026
          Digitally
          signed by    Shree Nakoda Education Society Thr. President             … Petitioner
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
                                        Vs.
          Date:
JAGTAP    2026.09.04
          12:50:14
          +0530        State of Maharashtra and Ors.                             … Respondents
                                                        ………….
                       Mr. Kedar P. Lad a/w Jayvant Khade for the Petitioner
                       Mr. P.V. Nelson Rajan, AGP for the Respondent - State
                                                        ………….
                                                         CORAM : SHAILESH P. BRAHME, J.

                                                         DATE        : 2nd SEPTEMBER, 2026.
                       P. C. :

                       .         Heard.

                       2.        The petitioner is challenging order dated 20.06.2025 passed by the

                       respondent no.2 – Joint Charity Commissioner rejecting Revision

                       Application No. 44 of 2023.       The election of the body for the tenure of

                       2019 to 2022 was reported vide Change Report No. 747 of 2019. The

                       Deputy Charity Commissioner rejected the change report vide order

                       dated 25.03.2022.

                       3.        Being aggrieved, Revision Application No.44 of 2023 was filed,

                       which was dismissed on 20.06.2025, which is impugned in this petition.

                       4.        Learned counsel for the petitioner submits that petitioner is armed



                       Uday S. Jagtap                       1 of 2
                                                           41-WP-4196-2026=.doc



with all the relevant documents for which the change report was

dismissed by the Deputy Charity Commissioner. He would submit that if

one opportunity is granted then documents can be placed on record.           It

is submitted that the then President Mr. Deepchand Sohanraj Talesara,

who was looking after the proceedings had left Kolhapur and settled at

Ahmedabad. Hence, the relevant record could not be brought before the

Authority.

5.       The impugned order is passed on 20.06.2024.           The present

petition is filed on 28.04.2026. The Memo of the petition does not spell

out any reasons for condoning latches. There is no reason or scope to

entertain the petition.

6.       The change report concerned was for the period 2019-2022.

Thereafter, further election might have been conducted resulting into

filing of the change report. On merits also, no case is made out to cause

interference in the writ jurisdiction.

7.       The Writ Petition is disposed of.



                                              ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                       2 of 2


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