The Bombay High Court noted that possession of the Trust property had not been taken and said the position prior to the impugned GR must be restored. (Express file photo)
In a setback to the Maharashtra government, the Aurangabad bench of the Bombay High Courton Friday (December 12) set aside the September 22, 2025 Government Resolution (GR) appointing the Collector of Ahilyanagar district as Administrator of the Shree Shanaishwar Devasthan Trust at Shingnapur.
The court also quashed the September 30 communication issued by the Collector in his capacity as Administrator, through which an 11-member committee was appointed to manage the Shani Shingnapur temple in Ahilyanagar district.
Ordering that “status quo ante be maintained”, the HC directed the Collector and the committee appointed by him to hand over the Trust’s movable and immovable properties to the erstwhile trustees within seven days. It said the state government was at liberty to take further steps under the Shingnapur Trust Act, 2018, after framing rules under the law. Until then, the previous board of trustees would operate the Trust’s bank account.
A bench of Justices Vibha V Kankanwadi and Hiten S Venegavkar delivered the verdict on a plea filed by the elected trustees whose term was set to expire on December 31, 2025. The state government had dissolved the board citing mismanagement and alleged corruption and appointed the Collector as Administrator.
Arguing for the petitioners, advocate Satish B Talekar submitted that the GR issued by the Law and Judiciary Department was “arbitrary”, that the government had no power to appoint an Administrator under the existing law, and that the trustees were not required to hand over charge to the District Collector. He said both the appointment of the Collector and the managing committee were illegal.
Opposing the plea, Collector Pankaj Ashiya stated in an affidavit that the committee had already taken charge before the HC’s October 4 “status quo” order and that the Supreme Court had dismissed the appeal against that order. He said the temple’s activities were running smoothly.
The bench held that “the state government had no power to appoint Collector, Ahilyanagar as Administrator under the Shingnapur Trust Act, 2018,” and therefore “the acts done by the Administrator and the Committee constituted by him without any authority are illegal and, therefore, status quo ante is required to be granted.”
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It noted that possession of the Trust property had not been taken and said the position prior to the impugned GR must be restored.
While observing that the state government is empowered to bring a law into force and operationalise its provisions, the HC said it “cannot travel beyond the same.” It pointed out that although the 2018 law allows the government to appoint up to nine persons to the managing committee, this can only be done once rules and qualification criteria are prescribed — which had not been done.
The bench further noted that the effective implementation of the Shingnapur Trust Act, 2018 required timely framing of rules and that such “subordinate legislative measures are essential for transparent appointment of the Management Committee, qualification standards, operational protocols, and financial accountability.”
The court directed the state government to “complete the rule-making process with due expedition so that the statutory mandate is operationalised in its entirety.”
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
