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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, SANDESH D. PATIL
Ramesh Tulshiram Bhutekar – Appellant
Versus
Asiatic Society of Mumbai – Respondent
| Table of Content |
|---|
| 1. the court assesses if respondent no.4 could intervene in election matters. (Para 3 , 10 , 11) |
| 2. the provision under section 41a does not allow interference in election conduct. (Para 12 , 13) |
| 3. the impugned order is quashed, affirming the rights of petitioners in the context of trust elections. (Para 17 , 19 , 20 , 21) |
JUDGMENT :
1) Writ Petition (St.) No.35405 of 2025 not on board. Taken on board.
3) By the present Writ Petitions, the Petitioners are challenging the Order dated 31st October 2025, passed by The Assistant Charity Commissioner-VII, Greater Mumbai Region, Mumbai, (hereinafter referred to as “Respondent No.4”) under the provisions of Section 41A of the Maharashtra Public Trusts Act (hereinafter referred to as “MPT Act”). The Operative Part of the Impugned Order reads as under :-
2. The election officer / returning officer which has been appointed by the trust for conducting the election scheduled on 08th November, 2025 is directed to conduct the election scrupulously as per provisions given in the rules and regulations / constitution of the trust.
5) Mr. Atul Damle, learned Senior Counsel appearing for the Petitioners in Writ Petition (St) No.35405 of 202
The Court held that an election officer's direction regarding election conduct by a charity commissioner exceeds jurisdiction under Section 41A of the MPT Act.
The main legal point established in the judgment is that the directions issued by the Joint Charity Commissioner to enroll new members were without jurisdiction and in violation of Article 19(1)(c) o....
It is further observed that Administration of Trust would mean administration by a body which under the Trust-Deed is required to be administered the same. It is further observed that in absence of p....
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999, contrary to a prior ruling, emphasizing that membership validity must be determined in appropriate proceedi....
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
The central legal point established in the judgment is the importance of following the procedures outlined in the Constitution of the Trust and upholding the authority of the Sanrakshan Mandal in dec....
A resolution by the general body of a public trust to modify its rules is effective even if the change report is pending approval, and the validity of elections held under such modified rules is cont....
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