The Bombay High Court on Thursday declined to interfere with a March 13 order of the charity commissioner that stayed the elections to the managing committee of the Asiatic Society of Mumbai, one of the oldest public research libraries in the city, founded in 1804.
Court Dismisses Petitions
The High Court dismissed two petitions filed by former Rajya Sabha member Kumar Ketkar and others, and Deepak Pawar. They had challenged Commissioner Amogh Kaloti's order, arguing it was passed without proper notice or hearing of the managing committee members. The petitioners wanted the polls to proceed as scheduled.
Background of the Elections
The managing committee elections were last held in September 2023. The next poll was initially scheduled for November 8, 2025, but was postponed multiple times. On February 20, it was decided to hold elections on March 14, 2026. The contesting panels were led by Ketkar and member Vinay Sahasrabuddhe.
Irregularities Cited
Kaloti deferred the elections on March 13, discarded the existing voters list, and directed the preparation of a fresh list of eligible voters through subcommittees. Advocate General Milind Sathe noted that the addition of 1,467 new names to the final voters list was one of the key irregularities that prompted the charity commissioner to intervene.
Justice Farhan Dubash observed, "Considering these irregularities, the charity commissioner appears to have correctly instituted an inquiry into the affairs of the Asiatic Society." The court noted that the petitioners were not office-bearers of the society's managing committee.
Arguments and Ruling
Senior counsel Atul Damle, representing the petitioners, contended that Kaloti's order interfered with the electoral process and the administration of the Asiatic Society. However, the High Court stated that the charity commissioner had considered various issues related to membership, functioning of the managing committee, and the scrutinizing committee for Elections-2025 before issuing appropriate directions as an interim arrangement for effective management.
The court further said that Ketkar and others failed to establish any patent illegality or manifest arbitrariness in the commissioner's order to warrant interference. Justice Dubash remarked that a thorough review of the record showed that Kaloti followed all rules and provided adequate notice to office-bearers who attended the hearings.
Legal Context
The High Court also agreed with Sathe that after the rejection of their change report in August 2025, the managing committee had no legal right to continue in management, especially since their election tenure ended in September. Under the Maharashtra Public Trusts Act, the charity commissioner has the power to pass orders for interim arrangements to ensure the smooth functioning of the Asiatic Society. The court concluded that the commissioner had done exactly that and dismissed the petitions.
