The Bombay High Court on Thursday set aside an order of the Assistant Charity Commissioner directing the in-charge of the November 8 elections to the Asian Society Managing Committee to consider the list of members finalized at the annual general meeting held on September 27 and examined on October 3.
However, the SC said it would not interfere in the upcoming election schedule or process as it is the right of the returning officer to take a decision on it.
The SC was hearing the pleas of life members and resident members who had challenged the October 31 decision under the Maharashtra Public Trust Act, 1950 stating that they are eligible to vote in the November 8 elections.
The petitioners, through senior advocate Atul Damle along with advocates Bhavesh Parmar and Rahul Gaikwad, said that they were admitted as members of the Asian Society on or around October 15 and, therefore, by the impugned order, they are disqualified from casting their votes in the upcoming elections.
The petitioners also asserted that the decision of the Assistant Charity Commissioner “violates the rights of the petitioner and similarly situated persons” and “deprives them of their right to vote” despite being members of the respondent fund.
They also added that “so far no list of eligible members has been published and therefore the petitioners cannot entertain any objections to the list of members, if necessary, which is a known process in any election.”
The petitions sought directions from the court to declare the impugned order legally bad, perverse and illegal besides directing that elections be conducted in a fair and transparent manner including announcing the list of eligible candidates and members on the date thereof. Pending hearing of the petition, the petitioners sought a direction to stay the effect of the impugned order along with the election process.
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After hearing the submissions, a bench of Justices Revati Mohit Dere and Sandesh D Patel struck down the provision in question in the administrative direction of the Assistant Charity Commissioner which was inconsistent with Section 41A of the Maharashtra Public Trust Act.
(tags for translation) Assistant Charity Commissioner
