Trust not meant to rehabilitate politicians, says HC as it dissolves Saibaba Sansthan committee

Quoting from an earlier order, the bench noted that successive governments have made appointments on the Sansthan only out of political considerations

Mumbai Observing that the management committee for Shri Saibaba Sansthan Trust, Shirdi has been set up for public cause and not for the rehabilitation of politicians and their relatives, the Bombay high court (HC) on Tuesday struck down the September 16, 2021 notification, by which the state government had appointed the management committee.

As regards the appointments made in September 2021, the court said none of the principles laid down by the high court and the Supreme Court were taken into consideration by the state government (HT File)

“In our opinion, the Trust, which has properties worth crores, is not for accommodating the politicians either because they are close to the ruling party or have lost some elections in the past,” said the division bench of justice RD Dhanuka and justice SG Mehare while striking down the appointments.

Quoting from an earlier order, the bench noted that successive governments have made appointments on the Sansthan only out of political considerations. “This court expects the state government to at least keep God away while distributing public largesse,” it said.

As regards the appointments made in September 2021, the court said none of the principles laid down by the high court and the Supreme Court were taken into consideration by the state government. The court asserted that the appointments of the trustees have to satisfy the test of public interest and not the private interest of the party/parties in power.

The HC has now directed the government to make fresh appointments in eight weeks. Till then, the ad-hoc committee comprising the principal district judge, Ahmednagar, the district collector and the chief executive officer (CEO) of the Sansthan would look after the day-to-day affairs of the trust in the meanwhile. The ad-hoc committee has, however, been restrained from taking any major financial decision.

The state government had appointed the committee under the chairmanship of Ashutosh Kale, a member of legislative assembly (MLA) from Kopargaon in Ahmednagar district.

Uttamrao Shelke, a local resident, and some other devotees had challenged the appointment of the new committee through advocate Pradnya Talekar. They primarily contended that the induction of political persons like Ashutosh Kale and Anuradha Adhik, a Nationalist Congress Party functionary, was made without following any transparent procedure.

Shelke had claimed that there was flagrant violation of the provisions of the Shri Saibaba Sansthan Trust Act, 2004, including the provisions concerning members from socially and economically backward classes and the requirement of specialised education or knowledge, background of public health and business management, as persons without necessary educational qualification or experience were appointed on the committee.

The petitioner also alleged that the rules concerned were diluted in order to make certain politically motivated appointments, and the body was constituted relying on the amended rules.

Shelke had further contended that people with questionable moral standing were brought in as members of the committee. “A case in point was that of MLA Ashutosh Kale, the vice-president of distilleries association of the state, was appointed as the chairperson, when the HC had (earlier) given an illustration that persons involved in liquor or tobacco trade would be ‘otherwise unfit’ to become members of the trust,” he had maintained.

HC accepted their contention and struck down the notification appointing the new managing committee.