HC stays charity commissioner’s order on Asiatic Society elections

The elections were scheduled for March 14, but were stopped on March 13 through an order that also appointed a committee to oversee the society’s day-to-day affairs and prepare a fresh voters’ list. The order stated that a new election schedule would be announced only after finalising the list of eligible voters

Mumbai: The Bombay High Court has stayed the charity commissioner’s order that halted the Asiatic Society of Mumbai’s elections a day before they were to be held, observing that the decision appeared to violate principles of natural justice.

Mumbai, India - May 29, 2023: An outside view of Asiatic Society Library, at Fort, in Mumbai, India, on Monday, May 29, 2023. (Photo by Bhushan Koyande/HT Photo) (HT PHOTO)

The elections were scheduled for March 14, but were stopped on March 13 through an order that also appointed a committee to oversee the society’s day-to-day affairs and prepare a fresh voters’ list. The order stated that a new election schedule would be announced only after finalising the list of eligible voters.

The move was challenged by presidential candidate and senior journalist Kumar Ketkar along with other petitioners. Hearing the matter, a single bench of justice Farhan Dubash noted that the order had been passed without issuing prior notice.

The petitioners have also claimed that no opportunity was given by the charity commissioner to any member or the institution to be heard before passing the order, raising serious concerns about the fairness of the process.

During the hearing on Wednesday, the order of which was made public later, the court pointed out that the report forming the basis of the decision was not shared with the affected parties, denying them an opportunity to respond.

Expressing concern over the timing, the court questioned how such an order could be issued just hours before the scheduled polls and sought to know the legal basis for the action. The government counsel, however, sought time to file a reply.

The high court has granted the State until April 16 to respond and, until then, stayed the implementation of the charity commissioner’s March 13 order.