Bombay HC Clears Way For Fresh Asiatic Society Elections Under Supervision

Mumbai, April 23: The Bombay High Court has cleared the way for fresh elections, under supervision, of the Asiatic Society of Mumbai, one of the city’s oldest public research libraries founded in 1804.

Petitions challenging Charity Commissioner’s orders dismissed

Justice Farhan Dubash dismissed petitions filed by senior journalist and former Rajya Sabha MP Kumar Ketkar and others challenging the orders of the Charity Commissioner that intervened in the administration and election process of the Asiatic Society.

Dispute over governance and delayed elections

The dispute centres around the governance of the historic institution, whose last elections were held in September 2023. A change report filed after those elections was rejected in August 2025, and an appeal against that decision is still pending.

In the meantime, fresh elections scheduled for November 2025 could not be conducted due to disputes over the voters’ list and were repeatedly postponed. The managing committee later proposed to hold elections on March 14, 2026.

Inquiry flags irregularities

However, concerns raised during a session of the Maharashtra legislature triggered an inquiry into the Society’s affairs. An Inspector appointed by the Charity Commissioner submitted reports in late February and early March 2026 pointing to serious irregularities, including discrepancies in the voters’ list and the alleged disappearance of over 2,000 books. It flagged admission of 1,465 new members after the cut-off date for the elections was declared on October 3, 2025.

Charity Commissioner orders supervised elections

Acting on these findings, the Charity Commissioner passed orders on March 13, 2026, appointing a “fit person” along with members of the managing committee to oversee the Society’s day-to-day affairs. He also directed the preparation of a fresh list of valid voters and ordered that elections be conducted thereafter under supervision.

Petitioners’ arguments rejected

Challenging these directions, the petitioners argued that the orders were passed in violation of principles of natural justice, claiming that “no details and/or particulars of the Inspector Report were given” and that they were not granted a proper hearing. They also contended that the Charity Commissioner had no authority to interfere in the election process or discard the existing voters’ list.

The High Court, however, rejected these arguments. It noted that multiple hearings were held on March 5, 9, 11, and 12, where office bearers of the Society were present and represented by lawyers. The court observed that “adequate and advance notice” had been given and that proceedings were even adjourned at their request to allow them time to respond.

Court flags governance lapses

On the issue of governance, the court agreed with the state that the managing committee had no authority to continue after its tenure ended in September 2025 and following rejection of the change report. Despite this, it continued to take decisions beyond routine administration, including admitting new members.

The court also found fault with the scrutinising committee, which continued functioning beyond its term and recommended over 1,400 new members, raising concerns about the integrity of the voters’ list.

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No illegality in Commissioner’s action

Holding that the Charity Commissioner acted within his powers under the law, the court found no “patent illegality or manifest arbitrariness” in the orders. The petitions were dismissed, and a request to stay the judgment was also rejected.

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