HC stays charity commissioner's March 13 order on postponing Asiatic Society polls
Mumbai, April 12 -- 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.
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.
The controversy surrounding the election began after there was a sudden increase in membership applications after the annual general meeting on September 27. For several years, the society had around 3,000 members. However, in the last few months, 1,400-odd new applications were submitted.
Observers believe the surge is linked to efforts by different groups to influence the election results. Typically, only 150 to 200 members participate in the society's elections; this year, thousands of voters may turn up....
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