God Is Not A Fiefdom Of Ruling Party: Bombay High Court Cancels Appointment Of Managing Committee Of Sai Baba Shirdi Trust

Observing that trustees to a public trust must be appointed for the betterment of devotees and not for the "ruling government to accommodate their party workers or politicians," the Bombay High Court's Aurangabad bench quashed the appointment of the managing committee of the Sai Baba Shirdi Trust. A division bench of Justices RD Dhanuka and SG Mehare held that the committee chaired by MLA Ashutosh Kale was illegally appointed by the previous Maha Vikas Aghadi (MVA) led government in 2021, violating provisions of the special Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 as well as directions of the court. Directing dissolution of the present committee, the High Court has ordered the State to make fresh appointments within eight weeks and directed that an ad-hoc committee consisting of the Principal District Judge Ahmednagar, Collector Ahmednagar and CEO of the Sansthan to manage the trusts affairs in the interim. The court also said that the State government would amend the Act to ensure independent and meritorious trustees are recommended. "In our view, the appointment of the trustees to such public trust has to satisfy the test of public interest by keeping the purpose of creating such trust under the said Act for the betterment of and in the interest of large members of public devotees of Shri Sai Baba and not the private interest of the ruling Government to accommodate their party workers or politicians." In 2019 the High Court had appointed an ad-hoc committee headed by the principal district judge. The committee was however replaced through the 2021 state government notification. Petitioners Uttamrao Rambhaji Shelke and Nikhil Manohar Dorle approached the court against the new committee. Shelke represented by Talekar and Associates alleged that there was no transparency in appointments, members of backward classes were not included, the Rules were allegedly diluted in order to make certain politically motivated appointments. The trustees also did not have the required qualification, he argued. Persons having questionable moral standing who would be deemed otherwise unfit were brought as members of the committee, the petitioner further argued. The High Court noted obvious differences during the tenure of the court appointed committee and the new managing committee. "The State is expected to appoint devotees of shrine as members of the trust, rather than making the appointments on political considerations and of kiths and kins and associates of its leaders. The Act is not meant for rehabilitation of the members of the ruling political parties who are defeated in elections." The High Court added that "When power is vested with the authority (State), it must exercise the same for the public good. This Court expects the State Government to at least keep the God away while distributing public largesses. God is not a fiefdom of ruling coalition."Case Title: Uttamrao Rambhaji Shelke Versus The State of Maharashtra and Ors. with connected matterCitation : 2022 LiveLaw (Bom) 326Click Here To Read/Download Judgment

God Is Not A Fiefdom Of Ruling Party: Bombay High Court Cancels Appointment Of Managing Committee Of Sai Baba Shirdi Trust

Sharmeen Hakim

Tags