Justice Dubash Stays Charity Commissioner's March 13 Order Deferring Asiatic Society Elections

The Bombay High Court has stayed the implementation of a decision by the Charity Commissioner to defer elections to the managing committee of the Asiatic Society of Mumbai, citing concerns over procedural lapses. The interim relief comes amid a legal challenge to the March 13 order that postponed the polls and called for the preparation of a fresh voters’ list.

The disputed order, issued by Charity Commissioner Amogh Kaloti, had deferred elections scheduled for March 14 and directed the formation of subcommittees to prepare a revised list of eligible voters. The decision was taken in light of what were described as “serious questions” regarding the functioning of the society's managing committee, along with reports of missing rare books from the Asiatic Library.

On April 8, a single-judge bench of Justice Farhan P. Dubash granted the stay while hearing a petition filed by former Rajya Sabha member Kumar Ketkar and other members, including Vishwas Utagi, Dhananjay Shinde, and Swati Datye. The petitioners challenged the legality of the Charity Commissioner’s order, arguing that it was passed without prior notice or an opportunity for the affected parties to respond.

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The court observed that the principles of natural justice may have been violated, as the order appeared to rely on an inquiry report that was not shared with the Society or its managing committee members. Senior advocate Atul Damle, representing the petitioners, contended that the decision was based on a single inspector’s report and was issued without proper procedural safeguards.

In its observations, the High Court noted that the respondent authorities were unable to provide an immediate response and sought time to file an affidavit. The bench held that there was prima facie merit in the petitioners’ arguments, particularly regarding the absence of notice and the lack of opportunity to contest the findings of the inquiry report.

The court has now stayed the operation and implementation of the March 13 order until further hearings, with the next date scheduled for April 16. The elections, which were intended to fill 19 vacancies on the society's managing committee, will remain on hold pending further judicial consideration of the matter.

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