The Bombay High Court has cleared the legal hurdles for the upcoming elections of the Asiatic Society of Mumbai, dismissing petitions that sought to block the intervention of the Charity Commissioner. Justice Farhan Dubash ruled on Thursday that there was no “patent illegality or manifest arbitrariness” in the Commissioner’s decision to appoint a “fit person” and order a fresh voters’ list following reports of serious institutional irregularities.
The Asiatic Society of Mumbai, a premier research library founded in 1804, has been embroiled in administrative turmoil since its last elections in September 2023. While fresh polls were scheduled for November 2025, they were repeatedly postponed due to persistent disputes over the validity of the voters’ list.
The crisis deepened when concerns raised in the Maharashtra legislature prompted an inquiry into the Society’s affairs. An inspector appointed by the Charity Commissioner submitted reports in February and March 2026, uncovering significant discrepancies. These included the alleged disappearance of over 2,000 books and the controversial admission of 1,465 new members after the election cut-off date of October 3, 2025.
In response, the Charity Commissioner issued orders on March 13, 2026, appointing a “fit person” to manage daily affairs alongside the existing committee and directing the preparation of a new, verified voters’ list to ensure a transparent election process.
The petitioners, including senior journalist and former Rajya Sabha MP Kumar Ketkar, challenged the Charity Commissioner’s authority. They argued that the Commissioner had no legal standing to interfere in the Society’s internal election process or to discard an existing voters’ list. The petitioners sought to stay the Commissioner’s directions, maintaining that the proposed election date of March 14, 2026, should have been honored without external oversight.
Justice Farhan Dubash rejected the petitioners’ arguments, finding that the Charity Commissioner acted within his statutory powers. The court noted that the gravity of the inspector’s findings—specifically the “disappearance of over 2,000 books” and the sudden influx of nearly 1,500 members—warranted administrative intervention to preserve the integrity of the institution.
The Court specifically critiqued the conduct of the Society’s scrutinising committee. The judgment observed that the committee had continued to function beyond its prescribed term and had recommended over 1,400 new members after the election cycle had effectively begun. This, the court found, raised legitimate concerns regarding the “integrity of the voters’ list.”
Justice Dubash stated that the Commissioner’s orders were a necessary measure to ensure that the elections are conducted fairly and under proper supervision.
The Bombay High Court dismissed the petitions in their entirety, affirming the Charity Commissioner’s orders to appoint a “fit person” and refresh the electoral rolls. The Court also rejected a request by the petitioners to stay the operation of this judgment, effectively allowing the supervised election process to proceed.
