The selection process for Trust management must be fair and transparent, avoiding arbitrary appointments based on political affiliations.

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:-

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; Architectu