The Bombay High Court has stayed a Maharashtra Charity Commissioner order that suspended elections to the Asiatic Society of Mumbai and appointed an administrator, after finding prima facie merit in the plea that principles of natural justice were violated as no prior notice or hearing was given
The Bombay HC will hear the matter on April 16. FILE PIC
The Bombay High Court (HC) has passed an interim order staying a directive of the Maharashtra Charity Commissioner that had suspended elections to the Asiatic Society of Mumbai and placed the 200-year-old institution under an “administrator”.
Justice Farhan P Dubash granted the interim relief after observing prima facie merit in the petitioners’ contention that the Charity Commissioner had violated principles of natural justice.
The petitioners, led by Kumar Ketkar, argued that the Commissioner passed a 50-page order on March 13 blocking elections scheduled for the next day, without issuing prior notice to the Society or its managing committee, or giving them an opportunity to respond to the “Inspector Inquiry Report” that triggered the action.
Senior counsel Atul Damle, appearing for the petitioners, submitted that the only notice issued before the order was addressed to the election officer on March 11—just two days earlier—and did not put the Society on notice of the proposed action.
The state’s counsel sought time to file a reply, stating that no effective defence could be offered on the day. The matter will next be heard on April 16. The Charity Commissioner’s order will remain stayed until then.
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
