The Aurangabad Bench of the Bombay High Court has set aside the order of the Government of Maharashtra issued on September 16, 2021 by the Principal Secretary, Department of Law and Judiciary, Ministry, appointing 12 persons to the Managing Committee of Shri Sai Baba Sansthan Trust. Shirdi.
Petitioners Uttamrao Shelke and Nikil Dorley challenged the appointment of 12 people in the trust, which included politicians, lawyers and businessmen.
A bench of Justice RD Dhanuka and Justice SG Mehre directed the state government to constitute a new “Sri Sai Baba Sanstha Management Committee” within a period of eight weeks from today in accordance with the provisions of Section 5 of the 2004 Act. Along with the principles laid down by the court in the earlier rulings, which clearly stated that the custodians of the trust cannot be appointed for political considerations.
The High Court ruled that until the State Government constitutes a new committee, the affairs of “Shri Sai Baba Sansthan Trust, Shirdi” shall be looked after, monitored and managed by a committee consisting of Principal District Judge, Ahmednagar, Collector. Ahmednagar, and Chief Executive Officer of Shri Sai Baba Sansthan Trust, Shirdi.
The Ad-hoc Committee of the Court has been directed not to take any major financial decision regarding the management of the affairs of the Institute without the permission of the Court.
During the arguments made by advocates Pradnya Talekar and RS Deshmukh for the petitioners, it was submitted that “the members nominated by the state government belong to three political parties, i.e. Shiv Sena, Congress and NCP.”
It said, “Some of the candidates who have lost the election are appointed as members of the committee for political reasons. There are criminal cases pending against the members of the committee. The appointments should not be of persons having political documents or affiliations.”
The court even observed that “in the past decades, all the appointments of trustees of the said Institute Trust made by the ruling parties were basically based on political considerations and not on merit, which is contrary to the principles laid down by the Supreme Court. And this is a gross contravention of the provisions conferring such power on the Court and the State Government under the said Act.”
The bench said, “The State Government cannot be permitted to appoint trustees by accommodating or rehabilitating its party workers or politicians, when other impartial and meritorious persons who are qualified in accordance with the conditions laid down under the said Act are available. “
“If the state government had appointed independent trustees and not politicians having close links with the ruling party, the said institution trust, which is a public trust and is the custodian of public money and property, would have saved the public a large amount. Unnecessary Money spent on litigation,” the bench said.
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