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Judgment
Rule. Rule made returnable forthwith.
Heard finally with the consent of learned Counsel for both the parties.
The present petition challenges two orders, one by the Joint Charity Commissioner, Amravati on 01.07.2025 in Appeal No. 48 of 2025 passed below Exhibit 35 on 01.07.2025. Likewise, it also challenges order passed by the same authority on 24.07.2025 below Exhibit 42 in the said appeal, i.e. 48 of 2025. As far as order dated 24.07.2025, the operative part is reproduced as under:
“1] Application at Exh. No. 42 stands partly allowed holding that the joint Appeal filed by the Appellants Nos. 4 Lakhan Madhukar Rathod and 5 Gopal Shrichand Rathod will not be maintainable.
2] However, they are given choice to elect who will separate from this appeal and file separate appeal and / or to do necessary till or on next date.
3] For rest of the grounds, Application Exh. 42 stands rejected.”
As can be seen from the operative part, the application at Exhibit 42 was allowed and it was held that the joint appeal filed by the appellant No. 4 and the appellant No. 5 was not maintainable. Mr. Dharmadhikari, learned Counsel for the petitioner, on instructions, makes a statement that in compliance of the said order, separate appeals have been filed and which are pending before the said authority. In that view of the matter, challenge as far as order dated 24.07.2025 is concerned, no more survives.
As far as order dated 01.07.2025, it is the contention of Mr. Dharmadhikari, learned Counsel on behalf of the petitioners, that the said order indirectly interferes with the ongoing election process, and even though it has been strongly worded by the authority below, nothing concrete has been done in pursuance to the said order.
Learned Counsel appearing for respondent Nos. 1, 2 and 4, and the learned Counsel for respondent No. 5 opposes the contentions advanced by Mr. Dharmadhikari, learned Counsel for the petitioner.
I have gone through the impugned order. The impugned order, which is an interim order, directs that all parties in the said appeal, i.e. Appeal No. 48 of 2025, would maintain status quo till next date and thereafter till hearing of further applications. It is further directed that the parties should take up the matter for hearing on 08.07.2025 and thereafter on day-to-day basis. The parties are ad idem that thereafter the matter has not proceeded in a concrete manner and it still pending with the authority.
In that view of the matter, it would be in the interest of everyone concerned that the Joint Charity Commissioner, Amravati should be directed to decide the matter bearing Appeal No. 48 of 2025 within a particular time frame. The parties also agree that all the pleadings in the said appeal are complete and the said matter is ripe for hearing. In that view of the matter, following order is passed:
ORDER
The writ petition is partly allowed.
ii) The order passed by Joint Charity Commissioner, Amravati on 01.07.2025 in Appeal No. 48 of 2025 passed below Exhibit 35,is quashed and set aside.
iii) Challenge to order passed below Exhibit 42 in Appeal No. 48 of 2025 has rendered infructuous.
iv) The Joint Charity Commissioner, Amravati is directed to decide the Appeal No. 48 of 2025 as expeditiously as possible and in any case till 30.09.2026.
It is, however, clarified that till that time, the parties may move to the concerned authority to seek the extension of interim arrangement, and the said authority would pass an appropriate order accordingly on the said application in accordance with law.
With these directions, the petition is partly allowed and disposed of.