Synopsis

The petitioners challenged an order passed by the Assistant Charity Commissioner under Section 41A of the Maharashtra Public Trusts Act, 1950, which quashed an election notice issued by the Managing Committee of a public trust and directed fresh elections. The High Court allowed the writ petition, holding that: (i) Section 41A confers only administrative powers to ensure proper administration of the trust and its finances; (ii) it does not empower the Charity Commissioner to interfere with election processes once commenced; (iii) questions regarding the legality of the Managing Committee and validity of elections fall within the scope of Section 22 (Change Report) and cannot be gone into under Section 41A; (iv) the Assistant Charity Commissioner had exceeded its jurisdiction by interfering in the middle of an election process.

1. Heading of the judgment

High court of judicature at bombay nagpur bench, nagpur

Writ petition no. 4116 of 2026

Shyam vasant kale & anr. (petitioners) vs. The learned assistant charity commissioner-ii, nagpur & ors. (respondents)

Coram: hon’ble mr. justice anil s. kilor and hon’ble mr. justice raj d. wakode

Core Law: Maharashtra Public Trusts Act, 1950 – Section 41A – Power of Charity Commissioner to issue directions for proper administration of trust – Scope of jurisdiction – Election matters – Interference with election process.

Court: High Court of Judicature at Bombay, Nagpur Bench
Coram: Hon’ble Mr. Justice Anil S. Kilor and Hon’ble Mr. Justice Raj D. Wakode (Division Bench)
Date of Judgment: June 10, 2026
Case No.: Writ Petition No. 4116 of 2026

2. Legal framework

Major laws and provisions involved:

• Maharashtra Public Trusts Act, 1950 – Section 41A (power of Charity Commissioner to issue directions for proper administration of trust), Section 22 (inquiry for change in entry recorded in register under Section 17), Section 17 (register of public trusts), Section 36 (duties and liabilities of trustees), Section 56N (duties of managing committee)

• Constitution of India – Article 226 (writ jurisdiction)

Subject matter of the judgment:

Whether the Assistant Charity Commissioner, while exercising powers under Section 41A of the Maharashtra Public Trusts Act, 1950, can quash an election notice and interfere with an ongoing election process of a public trust on the ground that the existing Managing Committee is illegal, or whether such power is limited to issuing directions for proper administration of the trust and its finances.

Key legal principles applied:

• Section 41A – administrative power, not adjudicatory: The power conferred by Section 41A is administrative in nature. It is to be exercised in the interest of th

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