The charity commissioner office had conducted the elections even as some members objected that the elections were not being held properly and should have been a universal franchise
The Bombay High Court has left it to a member of the Anglican church to file an election petition if he wants to challenge the election of Bombay Diocesan Trust Association (BDTA).
There have often been allegations of corruption in its handling. An election was held for the BDTA office after the court had given directions to have one. The charity commissioner office had conducted the elections even as some members objected that the elections were not being held properly and should have been a universal franchise. Some said that the high court directives to the charity commissioner were not correct as BDTA was also registered under the company Act.
Sandeep Gaikwad, member and worshiper of Anglican Church, along with some others had filed the petition challenging the voter list. He had prayed that a fresh voter list be considered based on his objections as per the law and publish the same before elections of the BDTA. He had also challenged orders that the charity commission office had given on his complaints related to the voter list and elections. The elections, however, took place and the result have been announced.
Justice R D Dhanuka in his judgement stated, "It is not in dispute that the election program is already declared and the election is also held. Nothing survives in this writ petition. The petitioners would be at liberty to challenge the result of the election by way of election petition."
Gaikwad said, "The learned returning officer of election, had erred in considering the provisions of the civil procedure code by passing two orders on one objection of ours. I one he allowed objections and in the other, he rejected it. We will now challenge this as election petition in front of high court."
James Baker, honorary treasurer said, "I have no objections if he files a case. But let the community not suffer. It is waste of money. If he files a case trust will have to spend for it and its money will go. So ultimately beneficiaries will be losing out on it."
The BDTA which has mainly Anglican Church members and has head office located near Azad Maidan looks after properties like Afghan Church in Colaba, St. Thomas Cathedral near Horniman Circle, and St Peters in Mazgaon among others in south Mumbai.
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