Bombay high court nod to state-appointed panel to take charge of Shri Saibaba Sansthan

In October 2019, the court had appointed an ad-hoc committee and asked the state government to form a new committee as per the Shri Saibaba Sansthan Trust Act

The Aurangabad bench of the Bombay high court (HC) has allowed the state-appointed committee to take charge of the Shri Saibaba Sansthan Trust, Shirdi from October 19 and disposed of the public interest litigations (PIL) that had sought the same. However, in light of the state government allowing the opening of religious places from October 7, the court directed the ad-hoc committee which was appointed in 2019 to oversee the precautionary measures till the new committee took charge.

Court held that as the petitioner had sought setting up of a court-appointed committee till the state government appointed a committee as per the Shri Saibaba Sansthan Trust Act, the petition had served its purpose as the new committee was appointed. (Getty Images/iStockphoto)

While disposing of the PIL’s the court held that as the petitioner had sought setting up of a court-appointed committee till the state government appointed a committee as per the Shri Saibaba Sansthan Trust Act, the petition had served its purpose as the new committee was appointed. The HC also allowed the petitioner to file a fresh petition if he wanted to challenge the new committee.

The division bench of justice Ravindra Ghuge and justice SG Mehare, while hearing the public interest litigation filed by Uttamrao Shelke through advocate Pradnya Talekar, had been informed that the state government had appointed a managing committee in September 2021 but the same was did without the permission of the court.

In light of this, Talekar informed the bench that the petitioner wanted to challenge the new committee and hence sought permission to amend the PIL and include the new challenge.

However, senior advocate SN Dhorde for the state government informed the bench that one of the main prayers of the petition was to direct the state government to form a new committee as per the rules which had already been done, hence the petitioners’ grievance had been addressed. Dhorde further submitted that as the petitioner was seeking to challenge the newly appointed committee, which was a separate cause of action, he could not be allowed to amend the PIL and include the new issue.

In October 2019, the court had appointed an ad-hoc committee and asked the state government to form a new committee as per the Act. Till then the ad-hoc committee comprising principal district judge, Ahmednagar, the collector, Ahmednagar and the chief executive officer of Shree Sai Baba Sansthan Trust, Shirdi. The committee was to supervise, monitor and look after the financial affairs of the Sansthan.

After hearing the submissions, the bench observed, “Subject to any orders passed by a Court in the litigation, if initiated by the petitioner or any other litigant, the newly appointed managing committee would officially take charge from the learned principal district judge, Ahmednagar, who is the chairman of the adhoc committee in force, on 19.10.2021 in between 5pm to 6:30pm.”

The bench also permitted the petitioner to file a separate petition to challenge the constitution of the new committee and also held that all pending civil applications for seeking permission of the court for various purposes were also disposed of, with the rider that all issues put forth in the civil applications should be taken up by the new committee after 19.10.2021, subject to there being no legal impediment.