Full Judgment Text
903. WP(L)/11287/2026
Kumar vs. Charity Commissioner
904. WP(L)/9462/2026
Deepak vs. The Asiatic Society
2026:BHC-OS:10422
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 11287 OF 2026
Kumar Chintaman Ketkar & Ors. .. Petitioners
V/s.
Charity Commissioner, Maharashtra State,
Mumbai & Ors. .. Respondents
WITH
INTERIM APPLICATION (L) NO. 13136 OF 2026
AMOL
PREMNATH
JADHAV
WITH
INTERIM APPLICATION (L) NO. 13373 OF 2026
Digitally signed by
AMOL PREMNATH
JADHAV
Date: 2026.04.23
18:03:17 +0530
IN
WRIT PETITION (L) NO. 11287 OF 2026
WITH
WRIT PETITION (L) NO. 9462 OF 2026
Deepak Tanaji Pawar .. Petitioner
V/s.
The Asiatic Society of Mumbai & Ors. .. Respondents
______________________________________
Mr. Atul Damle, Senior Advocate a/w Mr. Nirav Shah i/b Mr. Swarup Patil for
Petitioners in Writ Petition (L) No. 11287 of 2026
Dr. Milind Sathe, Advocate General a/w Ms. Nazia Sheikh, AGP for Respondent nos.
1 & 4 (State of Maharashtra) in both Writ Petitions.
Ms. Druti Datar for Applicant/Intervenor in IAL/13136/2026.
Mr. Vikram N. Walawalkar for Applicant/Intervenor in IAL/13373/2026.
Shri. Surendra Kulkarni, present in person.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
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RESERVED ON : 17 APRIL 2026
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PRONOUNCED ON : 23 APRIL 2026
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903. WP(L)/11287/2026
Kumar vs. Charity Commissioner
904. WP(L)/9462/2026
Deepak vs. The Asiatic Society
JUDGMENT:
1. At the request of the learned Advocate General, since both the Writ Petitions
challenge the same orders, by consent of parties, these matters are tagged
together and it is agreed that they can be disposed of, by a common order.
2. Rule. Rule made returnable forthwith. Considering the urgency in these
matters, by consent of all parties, it is agreed that the same be disposed of, at
the stage of admission itself.
3. The present two Writ Petitions invoke the extra-ordinary jurisdiction of this
Court under Article 226 of the Constitution of India by challenging two orders
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(both, operative and reasoned) dated 13 March 2026 (impugned orders)
passed by Respondent No. 1 / Charity Commissioner, Maharashtra,
concerning the administration and affairs of a Public Charitable Trust known
as The Asiatic Society of Mumbai / Respondent No. 1 (Asiatic Society) which
is probably, the oldest public research library in Mumbai, founded in 1804.
4. A brief chronology of relevant facts is set out hereunder:
i) Elections to the posts of office bearers of Asiatic Society were last held
in September 2023. The Change Report filed in respect of the said
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elections came to be rejected by an order dated 6 August 2025 passed
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Kumar vs. Charity Commissioner
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Deepak vs. The Asiatic Society
by the Assistant Charity Commissioner. An Appeal bearing no. 262 of
2025 challenging the said order is stated to be pending before the
Charity Commissioner.
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ii) On 9 September 2025, the Managing Committee of Asiatic Society
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(Managing Committee) issued a Notice convening its 221 Annual
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General Meeting (AGM) on 27 September 2025. However, elections
were not announced in the said notice which instead informed the
members that “ The election date will be announced later. ”
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iii) Accordingly, on 27 September 2025, the AGM was held when it was
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resolved that elections would be conducted on 8 November 2025
(Elections – 2025).
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iv) Thereafter, in its meeting dated 3 October 2025, the Managing
Committee declared an Election Programme for Elections – 2025
providing for elections of its office bearers, namely President, four Vice-
Presidents and Honorary Secretary, for the period 2025–2027; election
of five members of the Managing Committee for the term 2025–2028;
and filling up one vacancy in the Managing Committee for the residual
term of 2025 – 2027.
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Kumar vs. Charity Commissioner
904. WP(L)/9462/2026
Deepak vs. The Asiatic Society
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v) On 31 October 2025, the Charity Commissioner passed an
Administrative Order directing the Returning Officer (who was
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appointed to conduct the Elections – 2025 on 8 November 2025) to
consider the membership list which was finalised at the AGM held on
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27 September 2025 and thereafter scrutinised on 3 October 2025.
vi) However, this order was subsequently quashed and set aside by this
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Court in Writ Petition No. 15028 of 2025 by an order dated 6
November 2025 on the ground that when Elections – 2025 were
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already declared on 3 October 2025, there was no occasion for the
Asiatic Society to file proceedings under Section 41A of the
Maharashtra Public Trusts Act, 1950 (said Act) before the Charity
Commissioner. However, whilst setting aside the said Administrative
Order, this Court has expressly recorded that it has not decided the
issue of membership in any manner and clarified that parties were at
liberty to make their submissions in that regard in accordance with law.
vii) Thereafter, Elections – 2025, which were originally scheduled to be held
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on 8 November 2025 came to be postponed from time-to-time,
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903. WP(L)/11287/2026
Kumar vs. Charity Commissioner
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Deepak vs. The Asiatic Society
primarily on account of issues relating to the non-finalisation of the
voters’ list.
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viii) Ultimately, at a meeting held on 20 February 2026, the Managing
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Committee proposed Elections – 2025 be held on 14 March 2026, in
accordance with the Election Programme that was already announced
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on 3 October 2025 and on the basis of nominations already completed
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prior to 8 November 2025. A notice to this effect was also issued to its
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members on 26 February 2026. In this notice, it was mentioned that
“ All members/Applicants should have paid their Membership
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Subscription on or before 26 November 2025 to be eligible to vote. ”
ix) In the meantime, it appears that in the session of the Maharashtra State
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Legislature that commenced on 23 February 2026, certain questions
were raised concerning the workings of the Asiatic Society, which
resulted in Legislative Assembly Questions (LAQ) being sought from the
Charity Commissioner on various issues including inter alia
discrepancies in voters’ list, postponement of elections, missing books,
etc. Immediately thereupon, Shri. K.D.Talokar (Inspector-5) was
deputed to investigate into these issues and report back to the Charity
Commissioner.
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Kumar vs. Charity Commissioner
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x) The said Inspector is stated to have visited the premises/office of the
Asiatic Society for inspection and also met some of its office bearers and
recorded their statement/s. Accordingly, the said Inspector is stated to
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have submitted his report dated 27 February 2026 (Inspector Report)
to the Charity Commissioner which inter alia confirmed that
approximately 2050 books were found to be missing from the Asiatic
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Society. This was followed up with a fresh report dated 9 March 2026.
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xi) On 9 March 2026, a hearing was held before the Charity
Commissioner in Appeal No. 262 of 2025 when some of the office
bearers of Asiatic Society including inter alia President, Vice-President
and Officiating Hon. Secretary were also present. During this hearing,
the said office bearers were stated to have been apprised with the
findings in the Inspector Report Inquiry No. 03 of 2026 and at their
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request, the hearing was adjourned to 11 March 2026.
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xii) On 11 March 2026 when the said office bearers appeared before the
Charity Commissioner, they informed him that Elections – 2025 to the
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Asiatic Society had already been declared on 14 March 2025 and
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Deepak vs. The Asiatic Society
further that, its Managing Committee had already appointed Dr. Prasad
Akolkar as the Returning Officer for conducting the elections.
xiii) Upon this, the Charity Commissioner issued a notice to the said
Returning Officer on the same date, requesting him to remain present
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the following day viz. on 12 March 2026. The Charity Commissioner is
stated to have heard the submissions made by the said Returning
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Officer who appeared on 12 March 2026 and informed him that the
voters’ list was not yet made available to him and would be made
available only later the same afternoon.
xiv) In the above circumstances, the Charity Commissioner has passed the
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impugned orders dated 13 March 2026. By the impugned orders, the
Charity Commissioner has inter alia constituted a committee comprising
a nominee appointed by him as a ‘ fit person’ together with 5 members
of the Managing Committee of the Asiatic Society (committee) to
manage its day-to-day affairs till the constitution of a duly elected
Managing Committee. The impugned orders further directs constitution
of a sub-committee consisting of the said fit person and 3 members of
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the Managing Committee of the Asiatic Society (sub-committee) for
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Out of the 5 Managing Committee members appointed to manage its day-to-day affairs since the other 2 members
have sought to contest the elections
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Kumar vs. Charity Commissioner
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Deepak vs. The Asiatic Society
preparation of a list of valid and eligible voters for the purpose of
elections to the Asiatic Society, as per the provisions contained in its
Rules and Regulations. The impugned orders also directs the sub-
committee to endeavour preparation of the voters’ list, within a period
of two months from the date of the order and then directs the said fit
person to conduct the said elections within a month of the publication
of the final voters’ list under the supervision of the Deputy Charity
Commissioner, H.O., Mumbai.
S U B M I S S I O N S O F T H E P E T I T I O N E R S
5. Mr. Atul Damle, learned Senior Advocate who appears on behalf of the
Petitioners submits that the impugned orders are required to be set aside since
the same were passed in breach of principles of natural justice since no details
and/or particulars of the Inspector Report were given by the Charity
Commissioner to Asiatic Society and its Managing Committee. He further
asserts that no prior notice and/or hearing was also afforded to them before
the impugned orders came to be passed.
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6. He also relies on the earlier order dated 6 November 2025 passed by this
Court and submits that by the impugned orders, the Charity Commissioner
has once again, sought to interfere with the issue of membership of Asiatic
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Kumar vs. Charity Commissioner
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Deepak vs. The Asiatic Society
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Society and the Elections – 2025 that was scheduled to be held on 14 March
2026 by its Managing Committee. He states that the Charity Commissioner
had no power to pass the impugned orders and issue the directions contained
therein.
7. He submits that the Charity Commissioner has also incorrectly discarded the
voters’ list that was finalised by the Scrutinising Committee and approved by
the Managing Committee. He submits that all members who have been
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recommended and approved prior to 20 February 2026 when it was resolved
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by the Managing Committee to schedule Elections – 2025 on 14 March 2026
are required to be considered in the finalised voters’ list. He therefore submits
that the impugned orders are liable to be quashed and set aside.
S U B M I S S I O N S O F R E S P O N D E N T N O S . 1 & 4
8. In response, Dr. Milind Sathe, the learned Advocate General for the State of
Maharashtra supports the impugned orders passed by the Charity
Commissioner. He invites my attention to the provisions of Sections 47, 69,
36A r/w Section 3 of the said Act and submits that in the facts of the present
case, the Charity Commissioner had full power and authority to pass the
impugned orders. Moreover, he relies on the amended provision of Section
30A of the said Act, and submits that upon expiry of the tenure of the trustee,
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Kumar vs. Charity Commissioner
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he/they cease to perform functions and discharge the duties as a trustee,
unless re-appointed and submits that in the present case, they have continued
to act.
9. He points out that since elections to the posts of office bearers of Asiatic
Society were last held in September 2023, as per Rule No. 14 of its Rules and
Regulations, the tenure of the elected office bearers and 5 members of its
Managing Committee came to an end in September 2025 and as a result, the
Managing Committee could not have acted/functioned thereafter.
10. He points out that the procedure for grant of membership to the Asiatic
Society is governed by Rules Nos. 6(a) to 6(g) of its Rules and Regulations
whereunder the General Body, at its Annual General Meeting is required to
elect a Scrutinizing Committee consisting of seven members, which in turn, is
empowered to scrutinise the membership applications and recommend
eligible applicants to the Managing Committee, who are then required to
consider such recommendation and approve the membership at its subsequent
meeting. He further points out that the tenure of the Scrutinising Committee
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which was elected at the previous AGM on 28 September 2024 came to an
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end on 27 September 2025. However, he submits that notwithstanding this,
and taking advantage of the postponement of Elections – 2025, the
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Scrutinising Committee has suo motu decided to not only continue its
working thereafter, but has also recommended about 1467 applications for
membership, most of which were not subsequently approved by the Managing
Committee. As against this, he is at pains to highlight that during the entire
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one year tenure of the same Scrutinising Committee from 28 September
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2024 till 27 September 2025, they had approved and recommended only
about 349 members. He further points out that notwithstanding such
anomalies, the names of these 1467 applicants have been included in the
finalised voters’ list for Elections - 2025.
11. Without prejudice to the above, in any event, the learned Advocate General
submits that the Managing Committee had no legal right or authority to
continue in management of Asiatic Society after rejection of their Change
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Report on 6 August 2025. Despite this, he submits that the Managing
Committee has not only continued to function but has also taken decisions
other than those that are required for the day-to-day administration of the
Asiatic Society.
12. He therefore submits that when all these illegalities and irregularities came to
light in the Inspector Report, the Charity Commissioner was wholly justified in
intervening in the matter and passing the impugned orders.
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Deepak vs. The Asiatic Society
A N A LY S I S & F I N D I N G S
13. I have painstakingly perused the entire record that is before this Court in both
Writ Petitions. At the outset, it is required to be noted that the Petitioners,
who have challenged the impugned orders are neither the office bearers of
Asiatic Society nor its Managing Committee members but are members who
are stated to be directly concerned and affected by the impugned orders
which they allege, interferes in the electoral process of Asiatic Society and its
administration. This assumes importance since one of the main allegations of
the Petitioners in support of their challenge to the impugned orders is
violation of principles of natural justice since they contend that no proper
notice and/or hearing of the Inspector Report was afforded to the (Managing
Committee of the) Asiatic Society prior to the passing of the impugned orders.
However, this is not so. Upon careful perusal of the material placed before this
Court, it is revealed that not only did the Charity Commissioner give adequate
and advance notice to the Office Bearers of Asiatic Society, but had also
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adjourned the hearing that was held on 9 March 2026, at their request, so as
to afford them time to consider the Inspector Report. Moreover, hearings were
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held before the Charity Commissioner on multiple days viz . 5 March 2026,
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9 March 2026, 11 March 2026 and finally, on 12 March 2026 before the
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impugned orders came to be passed on 13 March 2026. On all these days,
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save and except the last date on which the Returning (Election) Officer - Mr.
Prasad Akolkar had appeared, not only were some of the office bearers of the
Asiatic Society personally present before the Charity Commissioner but were
also represented by lawyers. Additionally, statements/affidavits were also filed
by them, which were considered by the Charity Commissioner whilst passing
the impugned orders. All these details and information were not pointed out
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to this Court on 8 April 2026, when an order granting urgent ad-interim
reliefs came to be passed.
14. Coming to the functioning of the Managing Committee, this Court is in
agreement with the submissions made by the learned Advocate General that
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after rejection of their Change Report on 6 August 2025, the Managing
Committee had no legal right or authority to continue in management, more
so when, the tenure of the elected office bearers came to an end in September
2025. As a result, the Managing Committee could not have acted and
functioned thereafter. Notwithstanding this, the record reveals that it not only
continued to function but has also taken decisions other than those that are
required for the day-to-day administration of the Asiatic Society, for example,
admission of members, etc. This is entirely impermissible. The same also
applies to the Scrutinising Committee of Asiatic Society which has suo motu
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decided to continue its working, notwithstanding the fact that its tenure came
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to an end on 27 September 2025 and during such period, proceeded to
recommend about 1467 applications for membership, which names have since
also been included in the finalised voters’ list for Elections – 2025 despite
there being no proper approval thereof by the Managing Committee.
15. Considering these irregularities, the Charity Commissioner appears to have
correctly instituted an inquiry into the affairs of Asiatic Society pursuant to
the LAQ’s, which resulted in the Inspector Report Inquiry No. 3 of 2026. The
Petitioners have neither been able to point out any infirmity in this exercise
nor in the resultant order passed by the Charity Commissioner who appears to
have heard the parties and meticulously considered all the submissions that
were advanced before him and then passed by the impugned orders. In the
bargain, he has considered the various issues of membership, functioning of
the Managing Committee and Scrutinising Committee, Elections – 2025
before analysing the relevant provisions of the said Act under which, he has
aptly issued appropriate directions as an interim arrangement for effective
management and administration of the affairs of Asiatic Society. In the
process, he has also afforded a prior hearing to the parties involved inasmuch
as, the hearings that were held before him were not only in the said Inspector
Report Inquiry No. 3 of 2026 but also in Appeal No. 262 of 2025 which
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challenged the order dated 6 August 2025 rejecting the Change Report filed
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by Asiatic Society after elections were held on 30 September 2023. He has
noted the submissions made by the Advocates and taken them into
consideration whilst passing the impugned orders.
16. In the bargain, he has given detailed reasons as to why the effect, operation
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and implementation of the resolution dated 20 February 2026 to hold
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Elections – 2025 of the Asiatic Society on 14 March 2026 has been stayed.
The Petitioners have been unsuccessful in pointing out any reason which
would suggest that such action is bad in law and/or requires interference
from this Court. No case of patent illegality or manifest arbitrariness is made
out by the Petitioners which would warrant interference by this Court.
17. The Charity Commissioner has sufficient powers under Section 36A, Section
69 and Section 3 of the said Act to issue directions to ensure that the affairs of
the Asiatic Society are administered in accordance with its Rules and
Regulations and also in accordance with the provisions of the said Act. The
Charity Commissioner also has sufficient powers under Section 47 of the said
Act to pass orders putting an interim arrangement into place for the smooth
functioning of the Asiatic Society. In the present case, by passing the
impugned orders, the Charity Commissioner has done exactly that and
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nothing more. No interference is warranted in the impugned orders. No case
for the same has been made out.
18. Considering the above, both Writ Petitions are dismissed. There shall be no
order as to costs.
19. All pending Interim Applications taken in the present Writ Petitions if any, also
stand disposed of in terms of this order, and all interim orders passed therein,
if any, shall stand vacated.
( FARHAN P. DUBASH, J. )
20. After the order was pronounced in Court, Mr. Shah, learned Counsel who
appears on behalf of the Petitioner seeks a stay of the order. However,
considering the observations that are made in the order I am afraid that
Application for stay cannot be acceded to and is accordingly rejected.
( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
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