Bombay High Court upholds Charity Commissioner’s intervention in Asiatic Society polls

The Bombay High Court on April 23 dismissed two petitions challenging the Maharashtra Charity Commissioner’s intervention in the administration and elections of the Asiatic Society of Mumbai [Kumar Ketkar & Ors v. Charity Commissioner & Ors.].

The order has cleared the way for a state‑supervised poll process at the 220‑year‑old research library.

The two petitions, including one filed by former Congress Rajya Sabha member and senior journalist Kumar Ketkar, assailed the Charity Commissioner’s order.

The elections were scheduled between panels led by Ketkar and former BJP Rajya Sabha MP Vinay Sahasrabuddhe.

Justice Farhan P Dubash upheld the Charity Commissioner’s order of March 13 which mandated the formation of an interim committee and imposed a stay on the elections scheduled for March 14. 

The Charity Commissioner had noted that the managing committee continued its functions even after the term of the elected office bearers and five managing committee members expired in September 2025. In doing so, the committee undertook decisions beyond routine day-to-day administration, notably the admission of new members.

Ketkar then moved the High Court against the order.

Advocate General Milind Sathe, appearing for the State and the Charity Commissioner, defended the orders as a lawful interim arrangement to ensure proper management and a fair election.

He relied on serious irregularities highlighted in an inspector’s report commissioned after concerns about the Society’s operations were raised in the Legislative Assembly in February 2026.

These included approximately 2,050 books found missing and the scrutinising committee’s actions after its tenure expired on September 27, 2025.

Specifically, the scrutinising committee had recommended about 1,467 new membership applications, a significant increase over the 349 members recommended during its legitimate one‑year term, These names were subsequently included in the final voters’ list without proper authorisation by the managing committee.

Senior advocate Atul Damle, for the petitioners, argued that the Charity Commissioner’s directions amounted to illegal interference in the Society’s electoral process and were passed in breach of natural justice. 

Justice Dubash ruled against the petitioners, noting they were not office bearers or managing committee members of the Asiatic Society and had been afforded adequate notice and multiple hearings before March 13.

The Court deemed it entirely impermissible for the managing committee to function or take decisions after its tenure expired.

This included the scrutinising committee's recommendation to add 1,467 membership applications to the voters' list without proper managing committee approval.

The Court upheld the commissioner's interim directions to institute an inquiry and order a sub-committee to prepare a voters' list within two months for subsequent elections.

The Court refused to interfere with the challenged order after finding no evidence of "patent illegality or manifest arbitrariness."

The petitioners' counsel requested a stay on the final order, which was also rejected by the court.

Damle, who appeared for the petitioners, was briefed by advocates Nirav Shah and Swarup Patil.

Sathe was briefed by additional government pleader Nazia Sheikh.

[Read Judgment]