Election,not inheritance,will decide BSI chief: HC

While Ashok is the son of Ambedkar’s nephew Mukund,Meeratai is the widow of Ambedkar’s son Yashwant and mother of Bharipa Bahujan Mahasangh (BBM) leader Prakash Ambedkar. The appeal by Ashok had challenged an order of the city civil court passed on September 11,1987,that had set aside a scheme approved by the charity commissioner of Mumbai for appointment of trustees and a chairman through election.

The appeal stated that the legal battle over the chairmanship of the BSI began after the death of Yashwant on September 17,1977. Meeratai had declared herself the president of BSI by virtue of being Yashwant’s legal successor,it added.

In its order,the High Court observed,“The society was founded by the towering personality namely late Dr Babasaheb Ambedkar and considering the trust and the confidence which he commanded,the position of president,whole scheme and mechanism of constitution was ‘Dr Babasaheb Ambedkar-centric’.”

The court added,“Late Dr Babasaheb Ambedkar had many followers. However,he alone could have decided who could succeed him. But this did not happen. The aspect of succession is totally absent in the constitution (of BSI). Therefore,the aspect as to who shall have the rein of society in absence of Dr Babasaheb Ambedkar after his demise or relinquishment,is totally left to a void.”

Striking down the 25-year-old order of the city civil court,Justice Joshi wrote that the constitution of the BSI,in its frame and form,suited the personality and status of Ambedkar. “However,when it is seen from any angle,the old constitution would turn out to be totally mismatch in the circumstances prevailing after passing away of Dr Babasaheb Ambedkar,though the successors to the office may be achievers in their own way,yet they too do not claim to be equal to or as great as Dr Babasaheb Ambedkar was,” the order read.BSI was registered as a society on July 4,1955. After Ambedkar’s death on December 6,1956,Yashwant took over as its president on June 27,1957.

On October 14,1977,the joint charity commissioner of Mumbai held that Meeratai’s election as BSI president was “illegal and invalid” as the scheme to fill in the president and trustees’ vacancies was not framed under section 50A of the Bombay Public Trusts Act,1950.

Defending his mother in court,Prakash Ambedkar had argued that Dr Ambedkar had envisaged a “fusion” between a democratic election and hereditary succession. “The Act (BPT Act) is a British Act but it is an Indian religious trust where succession is hereditary,” he said.