Pune: The Bombay High Court has mandated a judicial review before approving any application for changes in trust positions to ensure fairness and prevent potential mismanagement of institutions. Justice Sharmila Deshmukh highlighted this requirement while delivering a judgment on a petition concerning the trusteeship changes at Sri Balaji Society, an educational trust.

The case arose following the demise of the trust’s founding president, Colonel S. Balasubramaniam. After his passing, his wife, B. Thilagavathi, was appointed as the president through an amendment application approved by the Assistant Charity Commissioner. However, during his lifetime, Colonel Balasubramaniam had explicitly decided in a trustees' meeting that his eldest son, Parmanand, would succeed him as president.

A separate application reflecting this decision was filed with the Assistant Charity Commissioner but was left pending, while Thilagavathi’s appointment was approved.

Advocate Shivraj Kadam-Jahagirdar, representing Parmanand, filed an appeal against this decision with the Deputy Charity Commissioner. The appeal highlighted that Thilagavathi’s appointment relied on fabricated meeting records and was thus invalid. Upon review, the Deputy Charity Commissioner annulled her appointment.

The High Court emphasized that judicial review is essential to verify the validity of changes in trust positions, particularly when allegations of forgery or procedural lapses arise. If an amendment application is based on fabricated records, the decisions taken by the resulting executive body can adversely impact the trust’s management.

The judgment also referenced a 35-year-old ruling in the Jagatnarayan Singh v. Swaroopsingh Education Society case, clarifying that subsequent amendments based on invalid initial changes cannot be upheld. This ruling effectively overturns prior practices allowing such amendments to stand.