Section 41A of Mah Public Trusts Act – Interference in Election Process

By the order dated 24.4.2026, the Assistant Charity Commissioner quashed the election notice dated 29.3.2026 and directed to conduct fresh election of the Managing Committee of the Trust.

The power conferred by Section 41A of the Act of 1950 is thus an administrative power which is to be exercised in the interest of the management of the trust and its finances.

A question, whether the Managing Committee, which is administering the affairs of the trust, is legal or not, would fall within the scope of Section 22 of the Act of 1950 and can be gone into while deciding the Change Report relating to the change occurred due to the entry recorded in the register maintained under Section 17 of the Act of 1950. Such finding can be given only after conducting inquiry as contemplated under the said provision.

challenge to validity of election notice, under Section 41A of the Act of 1950 is beyond the scope of election dispute as it is outside the purview of such powers as envisaged under Section 41A of the Act of 1950

Judgment dated 10.6.2026 of the High Court of Bombay in Writ Petition No.4116 of 2026 of Shyam Vasant Kale and another   Vs.  The learned Assistant Charity Commissioner and others