Bombay High Court Upholds Charity Commissioner's Order Appointing Interim Committee To Manage Asiatic Society Of Mumbai

The Bombay High Court has held that the Charity Commissioner is empowered to appoint an interim committee to manage the affairs of a public trust where circumstances warrant such intervention. The Court observed that such directions, when issued after considering relevant material and affording a hearing, do not call for interference in the exercise of writ jurisdiction.

Justice Farhan P. Dubash was hearing two writ petitions challenging orders dated 13.03.2026, passed by the Charity Commissioner concerning the administration of the Asiatic Society of Mumbai. The petitioners, who were members of the Society, challenged the constitution of an interim committee comprising a 'fit person' and members of the Managing Committee to manage day-to-day affairs, as well as a sub-committee for the preparation of a voters' list for elections. The challenge was primarily on the grounds of a lack of power and alleged violation of principles of natural justice.

The background showed that elections to the Society were last held in September 2023, and the change report in respect thereof had been rejected in August 2025, with an appeal pending. Subsequent attempts to conduct fresh elections were delayed due to disputes regarding membership and finalisation of the voters' list. During this period, issues were raised regarding the functioning of the Society, including discrepancies in membership and missing books, leading to an inquiry by an Inspector appointed by the Charity Commissioner.

The Court examined the record and found that an adequate opportunity of hearing had been provided to the office bearers of the Society prior to passing of the impugned orders. It noted that multiple hearings were conducted on different dates, and submissions and affidavits of the concerned parties were duly considered.

The Court further observed that after rejection of the change report and expiry of tenure in September 2025, the Managing Committee had no authority to continue functioning beyond day-to-day administration. It found that despite this, the Managing Committee and the Scrutinising Committee continued to take substantive decisions, including admission of members and preparation of the voters' list, which was impermissible.

The Court noted that the inquiry initiated by the Charity Commissioner was justified in light of the irregularities brought out in the Inspector's report. It observed:

“The Charity Commissioner also has sufficient powers under Section 47 of the said Act to pass orders putting an interim arrangement into place for the smooth functioning of the Asiatic Society.”

The Court held that the directions issued by the Charity Commissioner, including the appointment of an interim committee and preparation of a voters' list through a sub-committee, were in the nature of interim measures to ensure proper administration and conduct of elections. It found no illegality or arbitrariness in the impugned orders.

Accordingly, the High Court dismissed both writ petitions.

Case Title: Kumar Chintaman Ketkar & Ors. vs. Charity Commissioner, Maharashtra State, Mumbai & Ors. with connected matter [Writ Petition (L) No. 11287 of 2026 & connected matters]

Case Title: 2026 LiveLaw (Bom) 213

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