RAJESH D. DARBAR AND ORS. versus NARASINGRAO KRISHNAJI KULKARNI AND ORS.

RAJESH D. DARBAR AND ORS. versus NARASINGRAO KRISHNAJI KULKARNI AND ORS.

The basic issue revolves around eligibility of 38 persons for membership and participation in the 1996 election. As the application for adducing additional evidence was not pressed before Charity Commissioner, no question of prejudice or improper dealing arises. The matter must be heard by the prescribed Appellate Authority under the Endowments Act to decide eligibility before fresh election is held.

Parties
Appellants/petitioners: Rajesh D. Darbar and others; Respondents: Narasingrao Krishnah Kulkarni and others
Jurisdiction
India
Judgment Date
06 August 2003
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal disposed; case remanded to Appellate Authority to decide eligibility before fresh election.
Legal Topics
Electoral Roll Eligibility, Induction of Members in Trust, Moulding of Relief Due to Subsequent Events
Trusts and Charitable Institutions Election Law Electoral Roll Eligibility Induction of Members in Trust Moulding of Relief Due to Subsequent Events

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Rajesh D. Darbar and others

Appellants/petitioners

Narasingrao Krishnah Kulkarni and others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether induction of 38 persons in electoral roll was legal
  2. 2 Whether validity of 1996 election is non-est due to passage of time
  3. 3 Whether prejudice was caused by Charity Commissioner not dealing with application for adducing additional evidence

Ratio Decidendi

The basic issue revolves around eligibility of 38 persons for membership and participation in the 1996 election. As the application for adducing additional evidence was not pressed before Charity Commissioner, no question of prejudice or improper dealing arises. The matter must be heard by the prescribed Appellate Authority under the Endowments Act to decide eligibility before fresh election is held.

Court Disposition

Appeal disposed; case remanded to Appellate Authority to decide eligibility before fresh election.

Orders

  • Appellate Authority under Hindu Religious Institutions and Charitable Endowments Act, 1997 to decide eligibility of 38 persons before holding election for Committee.
  • Parties permitted to place all materials in support of their claims.