Section 41A of Maharashtra Public Trusts Act Does Not Authorize Interference in Commenced Election Processes

The petitioners, claiming to be the President and Secretary of ‘Shree Durga Mandir Sarvajanik Devasthan Vishwasta Mandal’, issued an election notice on 29/03/2026 to conduct elections on 24/04/2026

Respondents 2 and 3 challenged this notice under Section 41A of the Maharashtra Public Trusts Act, 1950, alleging the existing committee lacked authority and the election process violated the trust’s modified scheme

The Assistant Charity Commissioner (ACC) quashed the election notice and directed fresh elections within 90 days, appointing the existing committee as a caretaker body in the interim

The petitioners challenged this order, asserting the ACC lacked jurisdiction to interfere mid-election

Section 41A of the Maharashtra Public Trusts Act, 1950, which grants the Charity Commissioner administrative power to issue directions for the "proper administration" and financial integrity of a trust

Section 22 of the same Act, which provides the specific statutory mechanism (Change Reports) for inquiring into the validity of elections and appointments

The principle from N. P. Ponnuswami v. The Returning Officer, Namakkal, holding that where a statute creates a right and provides a specific remedy, only that remedy must be pursued

The Court reasoned that the power under Section 41A is strictly administrative, intended to ensure trusts are managed according to their objects and that funds are not misappropriated

The Bench determined that "administration" includes daily management and statutory compliance, but does not extend to adjudicating election disputes once the process has begun

The Court observed that any challenge regarding the legality of a managing committee or the fairness of an election must be addressed via an inquiry under Section 22

It found that by quashing the election notice, the ACC exceeded its administrative mandate and improperly expanded the scope of "proper administration" to include interference in a commenced election

The petition was allowed, and the impugned order dated 24/04/2026 was quashed and set aside. The rule was made absolute, restoring the status of the election proceedings