AVINASH APPASAHEB DANDAWATE v. THE STATE OF MAHARASHTRA

IN THE SUPREME COURT OF INDIA

(Arising out of SLP (C) Nos.16967-16968/2022)

AVINASH APPASAHEB DANDAWATE & ORS. APPELLANT(S)

THE STATE OF MAHARASHTRA & ORS. RESPONDENT(S)

(Arising out of SLP(C) No. 17492-17493/2022)

Leave granted.

2. Heard learned counsel appearing for the parties.

3. The issue in these appeals concerns the appointment of Members

of the Committee of Management of Shree Sai Baba Sansthan Trust

(Shirdi) (for short `the Trust’). The Constitution of the Committee

of Management is provided under section 5 of the Shree Sai Saba

Sansthan Trust (Shirdi) Act, 2004 (for short `the 2004 Act’). As

can be seen from the Preamble, the object of enacting the 2004 Act

was to provide for better management, administration, governance

and control of the Trust to enable it to undertake wider welfare

activities for the public. We may note that the Trust was

registered under the Maharashtra Public Trust Act,1950.

4. Section 5 of the 2004 Act reads thus:

“5. (1) For the purpose of management of the Sansthan Trust,

on or after the appointed day, a Committee to be called "the

Shree Sai Baba Sansthan Management Committee" shall be

constituted by the State Government as provided in sub-

section (2).

(2) The State Government shall, ...