Bombay HC Stays Charity Commissioner’s Order Deferring Asiatic Society Elections, Flags Natural Justice Lapse

Mumbai, April 11: The Bombay High Court has stayed, until further orders, the implementation of the Charity Commissioner’s directive that had halted elections to the managing committee of the Asiatic Society of Mumbai, marking a shift from its earlier stance backing the last-minute intervention.

Court notes violation of natural justice

Justice Farhan Dubash on April 8 granted interim relief on a plea filed by senior journalist and former Rajya Sabha MP Kumar Ketkar and others, observing that “principles of natural justice appear to have been violated”.

The court noted that the March 13 order was passed “without the knowledge and/or prior notice” to the Society or its managing committee, and without giving them an opportunity to respond to the inquiry report.

Details of the impugned order

The impugned order by Charity Commissioner Amogh Kaloti had, hours before the scheduled March 14 polls, stayed the election and directed preparation of a fresh voters’ list through sub-committees.

It also proposed administrative oversight by an observer and a five-member panel, citing “serious questions” about the functioning of the Society and reports of missing rare books.

Earlier HC stance and concerns raised

Earlier, however, another bench of the HC had refused to interfere with the stay on March 14 while hearing a petition by one of the members, Deepak Tanaji Pawar.

The HC had then found no fault in the timing of the Charity Commissioner’s decision, remarking that “there are serious lapses in the functioning of the society prima facie at least”.

The court was told that an inspector’s inquiry had revealed that “2050 rare books were missing” from the Society’s collection, raising serious concerns. The court had noted the absence of a valid election programme for March 14, observing that documents produced related to an earlier schedule.

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Next hearing on April 16

Justice Dubash’s order has now stayed the “operation, implementation and effect” of the March 13 directive and posted the matter for further hearing on April 16.

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