1. Appointment of members to a Trust Management Committee under the 2004 Act — Challenge to the selection process based on political affiliations. (Para 3 , 4 , 5 )
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2024 Supreme(SC) 1284
SUPREME COURT OF INDIA
Abhay S. Oka, Augustine George Masih, JJ.
Avinash Appasaheb Dandawate & Ors. – Petitioners
Versus
The State Of Maharashtra & Ors. - Respondents
Civil Appeal Nos.13907-13908 OF 2024 (Arising out of SLP (C) Nos.16967-16968/2022), Civil Appeal Nos. 13099-13100 OF 2024 (Arising out of SLP(C) No. 17492-17493/2022)
Decided On : 26-11-2024
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vishnu Sharma A.S., AOR, Mr. Jayanth Muth Raj, Sr. Adv., Mr. Vinodh Kanna B., AOR, Mr. Pradeep Kumar Kar, Adv., Mr. V. Purushothaman Reddy, Adv., Mr. V. Giri, Sr. Adv., Mr. B. Vinodh Kanna, Adv., Mr. M.R. Abhilash, Adv., Mr. Pradeep Kumar Kar, Adv., Mr. Rahul Narang, Adv., Ms. Rao Vishwaja, Adv., Mr. Harshed Sundar, Adv., Mr. Nihar Dharmadhikari, Adv., M/S. M R Law Associates, AOR
For the Respondent: Mr. Tushar Mehta, Solicitor General, Mr. Siddharth Dharmadhikari, Adv., Mr. Aaditya Aniruddha Pande, AOR, Mr. Bharat Bagla, Adv., Mr. Aditya Krishna, Adv., Ms. Preet S. Phanse, Adv., Mr. Adarsh Dubey, Adv., Mr. Kishor Lambat, Adv., Mr. Kashmira Lambasted, Adv., Ms. Kashmira Lambat, Adv., Ms. Suja Joshi, Adv., M/S. Lambat & Legiteam, AOR, Ms. Pradnya Talekar, Adv., Mr. Ajinkya Kale, Adv., Mr. Pulkit Agarwal, AOR, Mr. Anubhav Lamba, Adv., Mr. Sudhanshu Kaushal, Adv., Ms. Vishakha Patil, Adv., Mr. S.B. Talekar, adv., Mr. Alok Abhinav, Adv., Mr. Somiran Sharma, AOR, Mr. Vishnu Sharma A.S., AOR, Mr. Sachin Patil, Adv., Mr. Sunny Jadhav, Adv., Mr. Sunil Kumar Verma, AOR
Advocate Appeared:
For the Petitioner: Mr. Vishnu Sharma A.S., AOR, Mr. Jayanth Muth Raj, Sr. Adv., Mr. Vinodh Kanna B., AOR, Mr. Pradeep Kumar Kar, Adv., Mr. V. Purushothaman Reddy, Adv., Mr. V. Giri, Sr. Adv., Mr. B. Vinodh Kanna, Adv., Mr. M.R. Abhilash, Adv., Mr. Pradeep Kumar Kar, Adv., Mr. Rahul Narang, Adv., Ms. Rao Vishwaja, Adv., Mr. Harshed Sundar, Adv., Mr. Nihar Dharmadhikari, Adv., M/S. M R Law Associates, AOR
For the Respondent: Mr. Tushar Mehta, Solicitor General, Mr. Siddharth Dharmadhikari, Adv., Mr. Aaditya Aniruddha Pande, AOR, Mr. Bharat Bagla, Adv., Mr. Aditya Krishna, Adv., Ms. Preet S. Phanse, Adv., Mr. Adarsh Dubey, Adv., Mr. Kishor Lambat, Adv., Mr. Kashmira Lambasted, Adv., Ms. Kashmira Lambat, Adv., Ms. Suja Joshi, Adv., M/S. Lambat & Legiteam, AOR, Ms. Pradnya Talekar, Adv., Mr. Ajinkya Kale, Adv., Mr. Pulkit Agarwal, AOR, Mr. Anubhav Lamba, Adv., Mr. Sudhanshu Kaushal, Adv., Ms. Vishakha Patil, Adv., Mr. S.B. Talekar, adv., Mr. Alok Abhinav, Adv., Mr. Somiran Sharma, AOR, Mr. Vishnu Sharma A.S., AOR, Mr. Sachin Patil, Adv., Mr. Sunny Jadhav, Adv., Mr. Sunil Kumar Verma, AOR
The selection process for Trust management must be fair and transparent, avoiding arbitrary appointments based on political affiliations.
Headnote:(A) Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004 - Section 5 - Appointment of Members of the Committee of Management - High Court quashed the appointments made under the Act due to arbitrary selection based on political affiliations, violating Article 14 of the Constitution - The process must ensure the best candidates are chosen to fulfill the Trust's objectives. (Paras 8-14)
(B) Public Interest Litigation - The Court emphasized the need for a fair and transparent selection process for the Management Committee to avoid arbitrariness. (Paras 10-14)
Legal Category Hierarchy
Table of Contents
2. What is the objective of the selection criteria for the Trust Management Committee under the 2004 Act?
The objective is to ensure better management, administration, and governance of the Trust by appointing the best possible candidates with professional or specialized knowledge from diverse fields. (Para 3 )
ORDER :
Leave granted.
2. Heard learned counsel appearing for the parties.
3. The issue in these appeals concerns the appointment of Members of the Committee of Management of Shree Sai Baba Sansthan Trust (Shirdi) (for short ‘the Trust’). The Constitution of the Committee of Management is provided under section 5 of the Shree Sai Saba Sansthan Trust (Shirdi) Act, 2004 (for short ‘the 2004 Act’). As can be seen from the Preamble, the object of enacting the 2004 Act was to provide for better management, administration, governance and control of the Trust to enable it to undertake wider welfare activities for the public. We may note that the Trust was registered under the Maharashtra Public Trust Act,1950.
4. Section 5 of the 2004 Act reads thus:
“5. (1) For the purpose of management of the Sansthan Trust, on or after the appointed day, a Committee to be called "the Shree Sai Baba Sansthan Management Committee" shall be constituted by the State Government as provided in sub- section (2).
(2) The State Government shall, by notification in the Official Gazette, appoint, a Chairman, Vice-Chairman and not more than [fifteen] other members to constitute the Committee as envisaged under sub-section (1) Provided that, out of the total number of members not less than one member shall be a woman and one member shall be from the socially and economically weaker sections.
[Provided further that, out of the total number of members, not less than eight members including the Vice-Chairman, shall be persons having educational background with professional or specialized knowledge, qualifications and practical experience in one or more of the fields such as law, Business Management, Public Administration, Engineering, Architecture, Public Health, Medicine or Rural Development.]
(3) The President of the Shirdi Nagar Panchayat shall be the ex-officio member of the Committee.
(4) Subject to the other provisions of this Act, the Committee shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.”
(underline supplied)
5. Section 8 lays down the conditions for being a Member which reads thus:
“8. A person to be appointed as a member of the Committee shall be
(a) the permanent resident of the State of Maharashtra; and
(b) a devote of Shree Sai Baba and shall, prior to his appointment as a member make such declaration in the prescribed form.”
Section 9 lays down disqualifications.
7. We are also concerned with the Shree Sai Baba Sansthan Trust(Shirdi) (appointment of Members of Management Committee and Forms of Declarations)Rules, 2013 (for short ‘the said Rules). Rule 3 of the said Rules deals with the appointment of the Committee of Management, which reads thus:
“3. Appointment of Committee.-{!) In accordance with the provisions of sub-section (2) of Section 5 of the Act, the State Government shall appoint to the Committee, persons,-
(i) who are permanent residents of the State of Maharashtra;
(ii) who are devotees of Shree Sai Baba; and
(iii) from the following categories, namely:-
| Category | Number of Members |
| A. Woman | not less than 1 |
| B. Socially and Economically weaker sections | not less than 1 |
| C. Persons possessing professional or specialised knowledge within the meaning of sub-section (2) of Section 5 of the Act | not less than 8 |
| D. General upto | 7: |
Provided that, the number of members to be appointed shall not exceed 17 (including the Chairman and Vice-Chairman).
(2) The person belonging to category ''C" above shall consist of not less than eight persons having educational background with professional or specialized knowledge, qualifications and practical experience in one or more of the following fields, namely:-
(i) Law;
(ii) Business Management, Accountancy, Economics, Finance or Public Administration ;
(iii) Engineering; Archit
