Case Note & Summary
These two public interest litigations challenged the order dated 16 September 2021 passed by the Principal Secretary, Law and Judiciary Department, Mantralaya, Mumbai appointing respondents 3 to 14 as Members of the Managing Committee of Shree Sai Baba Sansthan Trust, Shirdi. The first PIL was filed by a devotee and life member, the second by a social worker. The petitioners sought quashing of the appointment order and a direction to the State Government to constitute a scrutiny committee headed by a retired Judge under Section 21(2)(ii) of the Shree Saibaba Sansthan Trust (Shirdi) Act, 2004. Both matters were heard together since reliefs and submissions were identical. The trust had a long history: after Sai Baba's death in 1918, the District Court approved a scheme in 1922 with five life trustees and ten elected from Bhakta Mandal; the trust was later registered under the Bombay Trust Act, 1950; a scheme was framed by City Civil Court, Bombay in 1982 and confirmed by the High Court in 1984; the Charity Commissioner reconstituted the board in 1999, leading to writ petitions. In 2004, the State enacted the Shree Saibaba Sansthan Trust (Shirdi) Act to ensure efficient management under state supervision. Section 5 provides for constitution of a Management Committee with Chairman, Vice-Chairman and up to fifteen members, including at least one woman and one member from weaker sections, and at least eight members with professional qualifications; the President of Shirdi Nagar Panchayat is an ex-officio member. Section 7 fixes a three-year term; Section 8 requires a member to be a permanent resident and devotee. The excerpt ends at Section 8 without recording arguments, court's analysis, or final decision. Therefore, the final outcome, reasoning, and operative directions are not mentioned in the provided text.
Headnote
A) Trust Law - Management Committee Constitution - Section 5 of Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 - The State Government is empowered to constitute Shree Sai Baba Sansthan Management Committee with a Chairman, Vice-Chairman and not more than fifteen other members, including at least one woman and one member from socially and economically weaker sections, and at least eight members including Vice-Chairman with professional qualifications in specified fields; President of Shirdi Nagar Panchayat is ex-officio member; Committee is a body corporate. Petitioners challenged appointments made under this provision; the court was to examine compliance with these statutory requirements. Held: Not mentioned in provided excerpt. (Para 9) B) Trust Law - Membership Period and Qualifications - Sections 7 and 8 of Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 - Section 7 prescribes a three-year term for members; Section 8 requires a member to be a permanent resident of Maharashtra and a devotee of Shree Sai Baba. These criteria were relevant for assessing validity of appointments. Held: Not mentioned in provided excerpt. (Para 10) C) Judicial Review - Scrutiny Committee - Section 21(2)(ii) of Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 - Petitioners sought constitution of a scrutiny committee headed by a retired Judge to examine appointments; the provision mandates such committee. The court was to consider issuing mandamus. Held: Not mentioned in provided excerpt. (Paras 1-2)
Issue of Consideration
Whether the impugned order dated 16 September 2021 appointing respondents 3 to 14 as members of Managing Committee of Shree Sai Baba Sansthan Trust is valid under Shree Saibaba Sansthan Trust (Shirdi) Act, 2004; whether the State Government should be directed to constitute a scrutiny committee headed by a retired Judge under Section 21(2)(ii) of the Act.
Final Decision
Not mentioned — the provided judgment excerpt ends before the court's final decision is recorded.
Law Points
- Constitution of Managing Committee under Shree Saibaba Sansthan Trust (Shirdi) Act
- 2004
- qualifications of members under Section 8
- appointment period under Section 7
- requirement of scrutiny committee under Section 21(2)(ii)
- judicial review of appointments
