Judgment : Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard. 2. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 4/7/2011 passed by the Assistant Charity Commissioner, Bhandara whereby the Application filed by the respondent no.1 herein came to be allowed and the petitioner herein has been restrained from issuing any notice, circular or letter for calling meetings of the Trust as a Secretary. 3. The petitioner herein was the Secretary of the Trust in question. The last elections to the Trust have taken place on 26/10/2008. It is the claim of the petitioner that he is acting as Secretary since 1985 or thereabouts and was acting as such till the restraint order came to be passed against him. The respondent no.1 herein on the basis of the elections purportedly held on 10/2/2010 to the Trust in question, filed an Application invoking Section 41-A of the Bombay Public Trusts Act, 1950. In the said Application, it was averred that pursuant to the said elections, which have taken place on 10/2/2010, the Body elected therein should be allowed to function. 4. As indicated above, the said Application came to be allowed by the impugned order dated 4/7/2011. The Assistant Charity Commissioner has recorded that changes have occurred on 26/10/2008 and 10/2/2010 and, therefore, merits as to whether the changes are valid or not need not be gone into at this stage. The Assistant Charity Commissioner has further observed that it was not necessary that the change should be accepted for the newly elected Body to assume office. It is required to be noted that in terms of the Constitution of the Trust, the elections are to be held every three years. From the record, it appears that last elections were held on 26/10/2008 in respect of which a change report has already been filed, albeit belatedly in the year 2010. The Assistant Charity Commissioner in terms has accepted the said position, however, on the ground that since the subsequent change has occurred on 10/2/2010 and since there is no requirement for the change to be accepted for the newly elected Body to function, the Assistant Charity Commissioner has restrained the present petitioner from functioning as Secretary of the Trust. 5. The Assistant Charity Commissioner in terms has accepted the said position, however, on the ground that since the subsequent change has occurred on 10/2/2010 and since there is no requirement for the change to be accepted for the newly elected Body to function, the Assistant Charity Commissioner has restrained the present petitioner from functioning as Secretary of the Trust. 5. In my view, the approach of the Assistant Charity Commissioner whilst dealing with the matter is totally erroneous. The Assistant Charity Commissioner ought to have applied her mind as to whether the elections were due in the year 2010, as admittedly the last elections were held in the year 2008 and in terms of the Constitution of the Trust, the elections have to be held every three years. The Assistant Charity Commissioner, therefore, without addressing the said issue from the said angle, has accepted the case of the respondent no.1 that change has occurred on 10/2/2010 and has thereby restrained the petitioner from functioning as Secretary of the Trust in question. The Assistant Charity Commissioner, in my view, ought to have recorded a finding as to whether the elections were required to be held in the year 2010 and the reasons therefor. The impugned order dated 4/7/2011 is, therefore, required to be quashed and set aside and the matter is required to be relegated back to the Assistant Charity Commissioner for a de novo consideration of the Application filed by the respondent no.1. Though the Assistant Charity Commissioner need not dwell on merits of the respective change reports, but the basic fact whether the change was warranted or not had to be gone into by the Assistant Charity Commissioner. She would, therefore, be well advised to record a finding in that regard. 6. The above petition is accordingly allowed. The impugned order dated 4/7/2011 is quashed and set aside and the matter is relegated back to the Assistant Charity Commissioner, Bhandara for a de novo consideration of the Application filed by the respondent no.1 in terms of the observations made in the instant order. The parties to appear before the Assistant Charity Commissioner on 22/8/2011 at 3 p.m. The Assistant Charity Commissioner thereafter to decide the Application within two weeks of the first appearance of the parties. 7. Rule is made absolute in the aforesaid terms with parties to bear their respective costs.