Uttamrao Rambhaji Shelke vs State of Maharashtra Through the Principal Secretary Law & Judiciary Department, Mantralaya, Mumbai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 994

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.D. Dhanuka, S.G. Mehare, JJ.
Uttamrao Rambhaji Shelke - Appellant
Vs.
The State of Maharashtra Through the Principal Secretary Law & Judiciary Department, Mantralaya, Mumbai - Respondent
Public Interest Litigation No.98, 100 Of 2021 along with Civil Application No.11973 Of 2021
Decided On : 13-09-2022

Advocates:
Advocate Appeared:
For the Appellant : Ms.Pradnya Talekar i/by Talekar, Mr.R.S. Deshmukh, Senior Counsel i/by D.R. Deshmukh
For the Respondent: Mr.R.N. Dhorde, Special Counsel a/w Mr.D.R. Kale, Government Pleader, Mr.A.S. Bajaj, Mr.P.R. Katneshwarkar h/f Mr.S.N. Gaikwad, Mr.R.A. Tambe, Mr.Mazhar A. Jahagirdar, Mr.R. R. Karpe, Mr.N.L. Jadhav, Mr.A.C. Darandale, Mr.A.V. Hon

Headnote:(A) Shree Sai Baba Sansthan Trust (Shirdi) Act, 2004 - Section 5(2) - Appointment of members to the Sansthan Trust Management Committee - The court held that the appointments made by the State Government were in violation of statutory requirements and based on political considerations - The committee must consist of qualified individuals not affiliated with political parties - The existing appointments quashed; a new committee shall be constituted within eight weeks under the supervision of judicial officers. (Paras 182(a) and (b))

Facts of the case:
The petitioners challenged the appointment of members to the Management Committee of the Sansthan Trust by the State Government, alleging the appointments were politically motivated and non-compliant with statutory criteria. (Paras 1-18)

Findings of Court:
The court found that the State Government had deviated from the provisions of the Act and earlier judgments that mandated the appointments to be made transparently and on merit, not for political gain. (Paras 105-175)

Issues: Whether the appointed members conformed to the statutory requirements and whether the appointments had been made without political bias. (Paras 105-175)

Ratio Decidendi: The court reiterated that public trusts and the management committees thereof should not be filled with politically affiliated members, as this violates the principles of the statutory Act aimed at serving public betterment. (Paras 171-174)

Result: The impugned notification appointing members was quashed, and new appointments must comply with the statutory mandate. Appeals allowed.

Table of Content
1. pil filed for committee appointment challenges (Para 1 , 2 , 3 , 4 , 5 , 6)
2. invalid committee appointments due to non-compliance (Para 35 , 36 , 37 , 38 , 39)
3. state must avoid political affiliations in appointments (Para 105 , 106 , 107 , 110)
4. court quashes illegal committee appointments (Para 176 , 177 , 180)
5. new committee must be constituted with compliance (Para 182)

JUDGMENT :

R.D.Dhanuka, J.

1. The petitioner Uttamrao Rambhaji Shelke in PIL No.98 of 2021 has prayed for quashing and setting aside the impugned order dated 16th September 2021 passed by the Principal Secretary, Law and Judiciary Department, Mantralaya, Mumbai appointing the respondent nos.3 to 14 as Members of Managing Committee of Shree Sai Baba Sansthan Trust, Shirdi (hereinafter referred to as “the said sansthan trust”) Taluka Rahata, District Ahmednagar. The petitioner has also prayed for an order and direction against the State of Maharashtra to constitute a scrutiny committee headed by a retired Judge of this Court as per Section 2 1(2)(ii) of the Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 (for short “the said Act”) by issuing writ of mandamus.

2. The petitioner Nikil Manohar Dorle has filed PIL No.100 of 2021 which is transferred from Nagpur Bench to this Bench inter alia praying for writ of certiorari for quashing and setting aside the impugned notification/order dated 16th September 2021 and for other reliefs. The reliefs sought in both the petitions and the submissions advanced by both the parties being identical, with the consent of the parties, the petitions were heard together and are being disposed off by this common order. Some of the relevant facts for deciding both the PILs are as under :-

3. The petitioner in PIL No.98 of 2021 claims to be a permanent resident of Pimpalwadi, Shirdi, Tal. Rahata, Dist. Ahmednagar and an ardent devotee of the said sansthan trust. The petitioner also claims to be a life member as well as patron member of Bhakta Mandal of the said sansthan trust and claims to have filed several PILs including PIL No.120 of 2019 which was filed for seeking directions to appoint a new Managing Committee of the said sansthan trust.

4. The petitioner in PIL No.100 of 2021 claims to be a social worker and is a resident of Koradi, Nagpur. The said petitioner claims to be an ardent devotee and devout follower of Shri Sai Baba, Shirdi. The petitioner in PIL No.98 of 2021 has given a chequered history of the management of the said sansthan trust.

5. According to the petitioner, Shree Sai Baba passed away in the year 1918. On 13th February 1922, the District Court granted approval to the scheme of the Sai Baba Sansthan, Shirdi. The Management committee was to include 5 life-trustees to be appointed by the District Court who would be ex-officio members in their lifetime whereas 10 other trustees were to be elected from amongst the Bhakta Mandal for a term of three years.

6. It is the case of the petitioner that a body of the five members was constituted and the immovable property of the trust was handed over to them, for their lifetime. These life trustees were highly qualified and accomplished persons from different walks of life and devotees of Shree Sai Baba. According to the petitioner, in case of vacancy created in these five life-trustees, a person from amongst the Bhakta Mandal could have been appointed with prior approval of the District Court. The first elected body of ten persons from amongst the Bhakta Mandal was headed by Sant. Ganesh Dattatray Sahastrabuddhe alias Dasganu Maharaj who was an ardent devotee of Shree Sai Baba.

7. Shree Sai Baba Sansthan Trust was registered under the provisions of Bombay Trust Act, 1950 under the name of “Shirdi Sansthan of Shri Saibaba” at Shirdi, District Ahmednagar, popularly known as “Shree Shirdi Sai Baba Sansthan Trust of Shirdi” vests in the Board of Management, under a scheme framed by the City Civil Court, Bombay in Charity Suit No.3457 of 1960 under its order date