The Supreme Court has intervened in the Shree Shanaishwar Devasthan Trust dispute, staying the District Collector’s orders and raising concerns that even the Collector may be under political influence, ensuring government oversight until a new committee is formed.
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MUMBAI: The Supreme Court of India has intervened in the administration of the Shree Shanaishwar Devasthan Trust, following a plea by the Maharashtra Government challenging the Bombay High Court’s decision that had set aside the appointment of a government-nominated administrator.
Background
The Maharashtra Government had appointed an administrator to oversee the trust’s day-to-day operations, citing the need to ensure that trustees adhere to government directives, especially ahead of upcoming elections. The High Court, however, set aside the appointment, prompting the state to approach the Supreme Court.
Arguments
During the hearing:
Solicitor General Tushar Mehta, representing the Maharashtra Government, said,
“The members concerned are facing proceedings for misconduct. The administrator was appointed to ensure proper compliance with the authorities’ directions.”
The counsel for the respondents questioned the urgency of the appointment,
“Why can’t the State constitute a committee instead? The Deputy Collector is already acting under their influence. What is the urgency when statutory mechanisms are available?”
Supreme Court’s Observations
The bench, led by the Chief Justice of India, expressed concerns about political influence:
“We are concerned that even the Collector may be under significant influence. Is there a Commissioner at Aurangabad?”
the CJI asked.
The CJI further warned about financial accountability,
“If your tenure is only until 31 December, it is extremely risky for you to continue holding charge, especially when the management involves crores of rupees. At the very least, senior bureaucrats can later be held accountable for any large-scale financial irregularities.”
The court observed,
“What appears to us is that there is interference by a local politician, the Deputy Collector seems to be acting under such influence, and even the trustees appear to have a strong political backing.”
Interim Orders
The Supreme Court has:
- Stayed the High Court’s order that set aside the administrator’s appointment.
- Stayed the orders passed by the District Collector related to the trust.
- Directed the Maharashtra Government to appoint the Aurangabad Divisional Commissioner to manage day-to-day affairs until a new committee is constituted under Section 5 of the Act.
- Issued notices to all relevant parties, with the State required to file its counter-affidavit within two weeks.
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