Tekdi Ganesh prez, treasurer move HC against removal

Nagpur: The president and treasurer of Tekdi Ganesh Temple here knocked Nagpur bench of Bombay high court’s doors challenging their removal by the other trustees through no-confidence motion.
Terming their removal as blatant misuse of numerical strength with mala fide intentions, they contended that it was done to avoid independent scrutiny of their glaring financial irregularities into the temple affairs.
A division bench comprising justices Sunil Shukre and Shreeram Modak while issuing notices to the respondents on Thursday, and asking them to reply within two weeks, also kept the petition for final disposal at admission stage itself.
Praying for quashing their removal orders from respective posts, the petitioners through counsel Shradhanand Bhutada sought court’s interpretation on the trust’s scheme of administration finalized by it in 1986.
The bench perused the scheme ‘Advisory Society, Ganesh Temple, Sitabuldi, Fort Area, Nagpur’ framed by the district court which was modified by HC in first appeal No. 182 in 1973. “Prima facie, we find that there is no specific provision made for removal of the elected chairman or elected secretary or elected treasurer by passing a motion of no confidence. The scheme also contemplates that the managing committee’s tenure shall be of five years since it is prescribed in Clause 29 that the election shall take place every five years.”
After considering submissions and view taken by the HC’s coordinate division bench as per Hindurao’s case in the Supreme Court, the judges restrained respondents against filling up vacancies of chairman and treasurer until further orders. “In case any election has been held and these posts have been filled up, the elected chairman and treasurer shall not take part in the managing committee meetings until further orders.”
Quoting earlier orders of HC, the judges pointed out that in absence any specific provision on removal of the president or chairman by passing vote of no confidence in the scheme, they can’t be removed by the committee members. “The division bench has observed that the election of office bearers and managing committee members is for a specific term. Therefore, there could be no termination of the president through passing of motion of no confidence against him,” they said.