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‘1,467 members’ voting eligibility under question,’ Bombay HC reserves verdict on Asiatic Society polls

1,467 members' voting eligibility under question

gavelA single-judge bench led by Justice Farhan P Dubash was hearing batch of pleas, including one filed by former Congress Rajya Sabha member and senior journalist Kumar Ketkar and others.

The Bombay High Court on Friday concluded hearing and reserved its verdict on pleas challenging March 13 order of Charity Commissioner that deferred elections for the managing committee of the Asiatic Society in south Mumbai, and ordered preparation of a fresh list of eligible voters.

In doing so, the Court said that while it would order conducting of elections, it was inclined to accept state’s submission that nearly 1,467 new members who were enrolled after October 3, 2025 despite the scrutiny committee’s term had expired, cannot be made eligible for voting for the elections.

Established in 1804, the Asiatic Society is among India’s oldest institutions advancing research and scholarship in areas such as history, archaeology, linguistics, and literature.

A single-judge bench led by Justice Farhan P Dubash was hearing batch of pleas, including one filed by former Congress Rajya Sabha member and senior journalist Kumar Ketkar and others.

These challenged the Charity Commissioner Amogh Kaloti’s March 13 order, which flagged “serious questions” regarding the managing committee’s operations and pointed to reports of missing rare books from the Asiatic Library. Elections for 19 seats were set to be between panels headed by Ketkar and former BJP Rajya Sabha member Vinay Sahasrabuddhe.

On Thursday, April 16, Justice Dubash, who had earlier stayed implementation of the impugned order, had indicated that he will pass a “practical” order for an entirely fresh election process along with fresh nominations and voter scrutiny, if the parties agree on the terms.

On Friday, Advocate General (AG) Milind Sathe representing the Charity Commissioner submitted that after the tenure of scrutiny committee that recommends memberships to managing committee had come to an end on September 27, last year.

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Sathe said that despite this, even after earlier election programme was announced on October 3, that year, the Scrutiny Committee approved total of 1,467 applications for membership between October 16, 2025 and March, 2026 and the same was as per invalid and illegal procedure.

AG Sathe said that sub-committee constituted by the Charity Commissioner cannot scrutinise eligibility of over 1400 persons enrolled beyond cut-off date and the panel can prepare and publish voters’ list as of October 3, 2025 and polls can be conducted thereafter.

However, senior advocate Atul Damle for the petitioners submitted that once the Charity Commissioner had scrapped the earlier election procedure, there was no question of freezing the voters’ list as on October 3, 2025.

Justice Dubash then questioned petitioners as to why should the list of voters be permitted to extend if the nominations of people contesting elections remained frozen despite election date was extended.

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“If you are proceeding with same October, 2025 programme, then what he (Sathe) is saying is absolutely right. I am inclined to uphold that finding (over October 3, 2025 cut-off date),” Justice Dubash orally observed.

The judge also said that how a different order could have been passed if the matter was sent back to the Charity Commissioner. Justice Dubash also added that it was only considering if over 1400 persons can be eligible vote in upcoming elections and their membership was not disputed at present.

Justice Dubash concluded the hearing and a detailed order for elections will be passed in due course.

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. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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