Bombay HC refuses to halt Charity Commissioner’s move, Asiatic Society polls remain deferred

The Bombay High Court on Friday refused to interfere with the Charity Commissioner’s last-minute order deferring elections to the managing committee of the Asiatic Society, holding that serious concerns had been raised about the institution’s functioning and that no case for interim relief had been made out.

A single-judge bench of Justice Jitendra S Jain declined to stay the March 13 order of Charity Commissioner Amogh Kaloti, which had halted the March 14 elections and directed the preparation of a fresh list of valid and eligible voters through sub-committees.

The polls were meant to fill 19 vacant seats on the society’s managing committee, with panels led by former CongressRajya Sabhamember and senior journalist Kumar Ketkar and former BJP Rajya Sabha member Vinay Sahasrabuddhe contesting.

Kaloti had stayed the elections with immediate effect, citing “serious questions” regarding the functioning of the managing committee and its members.

The order also referred to reports about several rare books missing from the Asiatic Library.

Until a new managing committee is constituted, the Charity Commissioner directed that the Society’s affairs be overseen by an observer and a sub-committee comprising Mandar Bharde, Vivek Ganpule, Kumar Ketkar, Surendra Kulkarni and Suraj Pandit.

The order was challenged before the high court by Deepak Tanaji Pawar through a writ petition.

During the hearing, the court noted that the operative portion of the Charity Commissioner’s order had also stayed a February 26, 2026 resolution scheduling the March 14 polls and directed the election officer not to proceed with the election.

Justice Jain further observed that the election programme produced by senior advocate Anil Y Sakhare for the petitioner was a notice dated October 3, 2025, which related to elections proposed for November 8, 2025.

“In this case, no election programme is shown to me with respect to election of 14 March 2026 and the election programme which is shown pertains to election which was to be held on November 8, 2025,” the court said, adding that there was no material to suggest the earlier programme applied to the March 2026 polls.

The judge also held a video conference with Kaloti in the presence of all parties to understand the basis of the March 13 order.

According to the Charity Commissioner’s explanation, he learned of the March 14 election schedule only when members of the current managing committee appeared before him on March 11.

He then contacted the election officer and sought details about the officer’s authority and the voters’ list.

Kaloti also referred to reports regarding missing rare books from the Asiatic Library and raised questions about the conduct of the managing committee and the elections held in September 2023.

Finding prima facie lapses in the Society’s functioning, the High Court said the timing of the Charity Commissioner’s intervention — even a day before the election — could not be faulted.

“There are serious lapses in the functioning of the society prima facie at least… Therefore, no case is made for grant of interim relief,” Justice Jain said, adding that no prejudice would be caused if the relief sought by the petitioner was refused.

With the court declining to stay the Charity Commissioner’s order, the elections to the Asiatic Society’s managing committee will remain postponed for now.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai.

His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.

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