Bombay High Court
BALU BIRA MOTE AND ANRversusTHE DEPUTY CHARITY COMMISSIONER, SOLAPUR AND ORS
- Disposal
- Disposed Off
Holding
The court ordered the appointment of a neutral election supervisor and directed the petitioners to pay the supervision fee.
Summary
The petitioners sought a court order directing the Deputy Charity Commissioner to appoint a neutral election supervisor for the Education Trust, alleging bias because the Returning Officer was the brother of the incumbent President. The respondent trust did not object to a neutral supervisor, and the Charity Commissioner’s office communicated the charges for supervision. The court accepted the charges of Rs.3,380 for one day’s work and the petitioners agreed to pay. Consequently, the court appointed Mr. B. A. Phulsundar, an Office Inspector from the Public Trust Registration Office, as the election supervisor and ordered the petitioners to deposit the fee in the Public Trust Administration Fund within two days. The petition was allowed on these terms.
Issues considered
- Whether the election of the Education Trust should be supervised by a neutral officer due to alleged bias.
- Whether the petitioners can be directed to bear the cost of the election supervisor.
Subjects
- election supervision
- public trust
- conflict of interest
- charity commissioner
- writ petition
- neutral officer
Judgment
2026:BHC-KOL:8891-DB
903-WP-4522-2026(C).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4522 OF 2026
Balu Bira Mote And Another ...Petitioners
Versus
The Deputy Charity Commissioner, Solapur And Others ...Respondents
——————
Mr. I. M. Khairdi, for the Petitioners.
Mr. Akshay Kulkarni for Respondent No.5.
Mr. A. A. Alaspurkar, AGP for the Respondent-State.
——————
CORAM : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
DATE : SEPTEMBER 16, 2026.
P. C. :
1. By the present Petition, the Petitioners sought directions to
Respondent No.1, i.e. the Deputy Charity Commissioner, to conduct the
election of Respondent No. 5 - Education Trust, as there was an
apprehension of the elections being biased, as the Returning Officer
was the full-blood brother of the existing President.
2. The learned counsel appearing for Respondent No.5 - Society
does not object to the appointment of a neutral person from the Office
of the Deputy Charity Commissioner. Accordingly, this Court had called
upon the Office of the Charity Commissioner to communicate the
charges for deputing an election supervisor.
Jamadar-SL 1 of 2
903-WP-4522-2026(C).doc
3. The learned AGP has tendered the charges, which is taken on
record. As per the said communication, the total payable amount is
Rs.3,380/- for one day of supervision work.
4. Learned counsel for the Petitioners, on instructions, is willing to
make the payment for the work to be conducted by the election
supervisor. It is informed to this Court that the polling date is on 20 th
September, 2026, and the election supervisor will be required only on
that day.
5. In light of the consensus, the Office Inspector, Mr. B. A.
Phulsundar, from the Public Trust Registration Office, Solapur, is
appointed to supervise the election process of the Public Trust bearing
Registration No. F-7098.
6. The election programme to be communicated to the Office
Inspector, who will act as the Election Supervisor and conduct the
election.
7. The amount of charges payable to the election supervisor shall be
paid by the Petitioners and the same shall be deposited in the Public
Trust Administration (P.T.A.) Fund Account (Solapur Office) within a
period of two days from today.
8. The Petition is allowed in the above terms.
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
Jamadar-SL 2 of 2
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