Bombay high court finds no reason to interfere with charity commissioner's stay on Asiatic Society elections

Mumbai: The Bombay high court on Thursday found no reason to interfere with a March 13 order of the charity commissioner to stay the elections to the managing committee of Asiatic Society of Mumbai, probably the oldest public research library in Mumbai, founded in 1804. The HC dismissed two petitions filed by former Rajya Sabha member Kumar Ketkar and others, and Deepak Pawar, who challenged commissioner Amogh Kaloti's order as being passed without proper notice or hearing of the managing committee members. They wanted the polls to proceed.Managing committee elections were last held in Sept 2023. The poll scheduled first on Nov 8, 2025, was postponed from time to time and on Feb 20, it was decided to hold elections on March 14, 2026. The contesting panels are led by Ketkar and member Vinay Sahasrabuddhe, each. Kaloti on March 13 deferred elections, discarded the voters list and directed preparation of a fresh list of eligible voters through subcommittees. Addition of 1,467 new names to the final voters list was one of the irregularities that led the charity commissioner to step in, advocate general Milind Sathe said. Justice Farhan Dubash said, "Considering these irregularities, the charity commissioner appears to have correctly instituted an inquiry into the affairs of Asiatic Society..." Petitioners are not the society's managing committee office-bearers. But through senior counsel Atul Damle they contended that Kaloti's order interferes with the electoral process and Asiatic Society's administration. The HC said the CC considered the various issues of membership, functioning of the managing committee and scrutinising committee, Elections-2025 before analysing the relevant provisions of law under which he has aptly issued appropriate directions as an interim arrangement for effective management and administration of the affairs of Asiatic Society. The HC said that Ketkar and others made out no case of patent illegality or manifest arbitrariness in the commissioner's order, to warrant its interference. Justice Dubash said a painstaking perusal of the entire record revealed that Kaloti flouted no rules and gave adequate notice to office-bearers who appeared for the hearings. The HC also agreed with Sathe that after the rejection of their change report in Aug 2025, the managing committee had no legal right to continue in management, more so since their election tenure ended last Sept. Besides, under the Maharashtra Public Trusts Act, the CC has powers to pass orders putting an interim arrangement into place for the smooth functioning of the Asiatic Society. The charity commissioner has done exactly that, the HC said, dismissing the petitions.
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