HC upholds order halting Asiatic Society polls

A single-judge bench of Justice Farhan Dubhash noted that the charity commissioner had given adequate notice to the society’s office bearers, and had also given them sufficient time to consider the report

MUMBAI: The Bombay High Court on Thursday refused to intervene after the charity commissioner’s order stayed elections to the Asiatic Society of Mumbai and ordered an interim administrative mechanism in light of irregularities in the trust’s functioning and the electoral process.

Wooden gavel and books on wooden table

A single-judge bench of Justice Farhan Dubhash noted that the charity commissioner had given adequate notice to the society’s office bearers, and had also given them sufficient time to consider the report. “No case of patent illegality or manifest arbitrariness is made out by the petitioners which would warrant interference by this court,” the bench said.

The dispute arose over delayed elections to the managing committee of the Asiatic Society, a public charitable trust and the oldest public research library in Mumbai. Elections scheduled for November 2025 were repeatedly postponed primarily on account of issues relating to the non-finalisation of the voters’ list. Ultimately, elections were to be held on March 14, 2026 and the election was notified on February 26.

However, during the budget session of the state legislature, questions were raised concerning the working of the Asiatic Society. These related to discrepancies in the voters’ list, missing books, among other things.

The matter was taken up by the charity commissioner, who on March 13 constituted a committee to prepare a fresh voters’ list and to oversee the society’s day-to-day affairs. It said a new election schedule would be announced only after the list of eligible voters was finalised.

The move was challenged in the high court by senior journalist Kumar Ketkar, a presidential candidate for the elections, along with others. However, the bench on Thursday said the charity commissioner has sufficient powers to issue directions and to pass orders putting an interim arrangement in place for the smooth functioning of the Asiatic Society, and to ensure that its affairs are administered in accordance with its rules and regulations.

“The charity commissioner has done exactly that and nothing more. No interference is warranted in the orders. No case for the same has been made out,” the court concluded.