Hold VHA elections as per 2005 voters’ list: HC

Deputy Charity Commissioner’s order set aside

By Paritosh Pramanik

THE Nagpur Bench of the Bombay High Court, on September 3, 2012, has ordered Deputy Charity Commissioner to hold the Vidarbha Hockey Association (VHA) elections as per the voters’ list of 2005.
In 2005, VHA had conducted its elections after a gap of 18 years. At that time it had 316 voters (271 life members, 45 schools/colleges/affiliated units).
It may be recalled that VHA life member DS Karunashankar, a retired district judge, had challenged VHA’s voters’ list after Deputy Charity Commissioner declared “the 2005 and 2006 elected body illegal.”
“The Deputy Charity Commissioner had set aside and declared the elected body of year 2005 and 2006 as illegal. Their constitution too has not been amended,” said Karunashankar.
“I filed an application with the Deputy Charity Commissioner requesting to hold elections as per the 1962 Constitution which states that elections should be held every year. At that time there were 271 life members and 45 affiliated units,” he mentioned.
On 23-5-2011 Deputy Charity Commissioner appointed an election officer and ordered to conduct the trust’s (VHA) election within three months as per the 2005 voters list.
But the Deputy Charity Commissioner modified the judgment by an impugned order dated 28-6-11 holding that members validly enrolled till the date of elections could be the voters in the said elections.
The division bench consisting Vasanti Naik and SP Deshmukh in their observation said, “It appears that the judgment dated 23-5-11 was modified by Deputy Charity Commissioner by the impugned order dated 28-6-11 and it was held by the Deputy Charity Commissioner in the said order that the members validly enrolled till the date of the election could be the voters in the said election.
The bench said the order dated 28.6.11 was passed without hearing the parties concerned and the judgment of 23-5-11 was modified and passed behind the back of the petitioner.
“It also appears from the order as also hearing counsel for the parties that the impugned order is passed without hearing the parties concerned and the judgment dated 23-5-2011 is modified. The Deputy Charity Commissioner could not have modified the judgment by the impugned order dated 28-6-2011 without hearing the petitioner, more so, as by the judgment dated 23-5-2011 the Deputy Charity Commissioner had allowed the application filed by the petitioner under section 41A of the Bombay Public Trust Act, 1950 and directed that the election be conducted on the basis of the members enrolled till the year 2005. Since the order is passed behind the back of the petitioner the same is liable to be set aside, the court ordered.
Adv Bhanudas Kulkarni appeared for the petitioner while Adv SS Sirsat and Adv NS Rao appeared for the respondents.