Mumbai: The Bombay High Court has ruled that the Assistant Charity Commissioner (ACC) had no authority to interfere with the Asiatic Society’s upcoming managing committee elections, setting aside his order that directed the Returning Officer to rely on a specific membership list finalised on September 27 and scrutinised on October 3.
Election Conduct Lies Solely With Returning Officer, Says HC
Emphasising that the conduct of elections lies solely within the Returning Officer’s domain, the court said it would not disturb the polls, which were initially scheduled for November 8.
The HC had passed the order on November 6, but the detailed order copy was made available on Friday.
Petitioners Challenge ACC’s Membership List Freeze
A bench of Justices Revati Mohite-Dere and Sandesh Patil was hearing petitions filed by life and resident members who challenged the ACC’s October 31 decision issued under the Maharashtra Public Trusts Act (MPT Act), 1950. The petitioners said they became members around October 15 but were deprived of the right to vote because the impugned order froze the membership list to an earlier date.
ACC Encroached on Petitioners’ Rights, Claims Counsel
Senior advocate Atul Damle, representing the petitioners, argued that the ACC had “encroached upon the rights of the petitioner and similarly placed persons” by directing reliance on a list that excluded them. He further submitted that no list of eligible voters had been published so far, preventing objections — a basic requirement in any election process.
The petitioners sought that the ACC’s order be struck down as illegal and perverse and asked the court to ensure transparency by directing publication of the list of candidates and eligible members.
ACC Exceeded Jurisdiction, Says HC in Detailed Order
In its detailed order copy, the HC said that although the ACC described his decision as an “Administrative Order,” he had in fact issued “directions regarding election of the trust and has even gone to an extent of directing the Returning Officer to consider the membership list which is mentioned in the Operative Part of the Impugned Order.”
ACC’s Intervention Impermissible After Election Programme Announced
Holding that the ACC had exceeded his jurisdiction, the bench noted: “Respondent No.4 by passing the Order, has virtually gone into the issue of membership list which was impermissible,” especially since the election programme had already been declared on October 3.
HC Notes Trust’s Stand Before ACC, Says It ‘Speaks Volumes’
The court also took note of how the matter was placed before the ACC, remarking that Prof. Vispi Balaporia, who appeared for the trust, had “virtually acceded to the prayers of the Application,” which “speaks volumes.”
Also Watch:
October 31 Order Quashed; Fresh Election Schedule to Be Announced
Quashing the October 31 order, the HC said that the elections continue as scheduled and clarified that it was not ruling on the membership dispute. The parties are free to raise their claims before the appropriate forum.
Elections were cancelled following the court order and a fresh schedule would be announced in due course of time.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
