Assistant Charity Commissioner Cannot Interfere With Ongoing Trust Elections U/S 41A Of Maharashtra Public Trusts Act: High Court

The Bombay High Court has held that the power conferred under Section 41A of the Maharashtra Public Trusts Act, 1950, is limited to issuing directions for the proper administration of a public trust and does not extend to interfering with an ongoing election process. The Court observed that once the election process has commenced, the Assistant Charity Commissioner cannot invoke Section 41A to quash an election notice or halt the election on the ground that the legality of the existing Managing Committee is under doubt.

A Division Bench of Justices Anil S. Kilor and Raj D. Wakode was hearing a writ petition challenging an order passed by the Assistant Charity Commissioner-II, under Section 41A of the Maharashtra Public Trusts Act. The dispute arose from elections proposed to be conducted for the management of Shree Durga Mandir Sarvajanik Devasthan Vishwasta Mandal, Nagpur. Respondent Nos. 2 and 3 had approached the Assistant Charity Commissioner to seek the quashing of the election notice and permission to manage the trust as caretakers.

The Assistant Charity Commissioner accepted the challenge and, by order dated 24 April 2026, quashed the election notice, directed fresh elections to be conducted within ninety days and further directed that the existing committee would continue as a caretaker body for day-to-day administration of the trust until such elections were held. Aggrieved thereby, the petitioners approached the High Court.

The Court observed that Section 41A empowers the Charity Commissioner to issue directions to trustees to ensure proper administration of the trust, proper accounting of its income and proper application of trust property for the objects of the trust. It noted that the power under Section 41A is essentially administrative in nature and is intended to safeguard the management and finances of the trust.

The Court further observed that matters concerning the legality of a Managing Committee and the validity of elections fall within the scope of proceedings relating to change reports under Section 22 of the Act, where such issues can be examined after conducting the inquiry contemplated by law. Questions regarding the fairness of elections, preparation of voters' lists, legality of election procedures or authority of the Managing Committee to hold elections can be examined in appropriate proceedings, but not by invoking Section 41A.

The Court observed that in the present case, the election process had already commenced when the application under Section 41A was filed, as the election notice had already been issued. It held that the scope of Section 41A cannot be expanded by interpreting the expression "properly administered" to include election disputes once the election process has begun.

“… challenge to validity of election notice, under Section 41A of the Act of 1950 is beyond the scope of election dispute as it is outside the purview of such powers as envisaged under Section 41A of the Act of 1950,” the Court observed.

Holding that the Assistant Charity Commissioner had exceeded the jurisdiction conferred by Section 41A by setting aside the election notice and interfering with the ongoing election process, the Court quashed the impugned order and allowed the writ petition.

Case Title: Shri Shyam Vasant Kale v. The Assistant Charity Commissioner-II, Nagpur [Writ Petition No. 4116 of 2026]

Citation: 2026 LiveLaw (Bom) 294

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