Bombay High Court Quashes Maharashtra Government's Appointment of Administrator for Shree Shanaishwar Devasthan Trust

Court Rules State's Actions Without Statutory Basis, Violates Constitutional Provisions

In a significant judgment, the Bombay High Court's Aurangabad Bench has quashed the Maharashtra Government's resolution appointing the District Collector of Ahilyanagar as the Administrator of the Shree Shanaishwar Devasthan Trust. The court found the appointment to be illegal, lacking adherence to the statutory requirements prescribed under the Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018.

The writ petition, filed by Shri. Bhagwat Sopan Bankar and others, challenged the Government Resolution dated September 22, 2025, which abruptly ended the term of the elected trustees and appointed the Collector as Administrator. The petitioners argued that the action violated the statutory framework and was carried out without constituting the required Management Committee under Section 5 of the Act.

The court observed that the Government's resolution was arbitrary and inconsistent with the rule of law, thereby violating Article 14 of the Constitution. Justice Vibha Kankanwadi and Justice Hiten S. Venegavkar ruled that the State Government overstepped its authority by appointing an Administrator without following the necessary statutory procedures.

The court emphasized the importance of adhering to the statutory framework, noting that the Management Committee should have been constituted simultaneously with the declaration of the Act's appointed day. The absence of such a committee rendered the appointment of an Administrator as a stopgap measure unlawful.

Furthermore, the judgment highlighted that the appointment deprived the erstwhile trustees of property rights without lawful authority, contravening Article 300A of the Constitution. The court ordered the restoration of the status quo ante, directing the Collector and the Committee appointed by him to hand over the Trust's properties back to the erstwhile trustees within seven days.

The court also urged the State Government to expedite the framing of rules under the Shingnapur Trust Act, 2018, to ensure proper implementation and operationalization of the statutory mandate.

This ruling underscores the judiciary's role in scrutinizing administrative actions and ensuring compliance with statutory and constitutional provisions.

Bottom Line:

Appointment of an Administrator to manage a public trust without following statutory provisions prescribed under the relevant trust act is illegal and cannot be sustained. The Government must adhere to the statutory framework while exercising its powers.

Statutory provision(s): Maharashtra Public Trusts Act, 1950, Shree Shanaishwar Devasthan Trust (Shingnapur) Act, 2018, Constitution of India - Article 14, Article 300A

Shri. Bhagwat Sopan Bankar v. State of Maharashtra, (Bombay)(Aurangabad Bench)(DB) : Law Finder Doc Id # 2821478