The Aurangabad bench of the Bombay High Court on Thursday directed the state government to reconstitute the management committee of the Shri Sai Baba Sansthan Trust within 15 days, keeping in mind the object underlined in the Act pertaining to the trust and the rules framed in January 2013. The court also directed the ad hoc committee not to take any policy decision. 
 
The petitioners' main contention was that the government had not framed the rules for the appointment of the management committee under the provisions of the Shri Sai Baba Sansthan Trust (Shirdi) Act, 2004, said government pleader Sunil Kurundkar. 
 
"The court, however, allowed the petitioner to challenge the constitutional validity of the rules framed on January 1, 2013 for the appointment of the management committee," said lawyer Satish Talekar, who represented the petitioners including Sanjay Kale and Sandeep Kulkarni. 
 
Talekar told the court that the rules framed by the government had not been referred to the committee on subordinate legislation. The rules were required to be placed before both houses of the state legislature within 30 days. The rules were placed before both houses on April 3, 2013 and both houses were prorogued on April 7. 
 
Talekar said the rules gave unchallenged and unfettered powers to the government to appoint candidates of its choice. The rules did not contemplate inviting applications from candidates who had expertise, conviction and devotion towards Sai Baba. Talekar argued that the rules were not in conformity with the object of the Act. He told the court that the rules did not speak about disbursement funds, appointment of employees and welfare activities. 
 
The high court bench comprising Justice Naresh H Patil and Justice A V Nirgude directed the government to re-constitute the committee within 15 days. It allowed the petitioners to challenge, if they wanted to, the constitutional validity of the rules framed by the government in a separate petition. 
 
It may be noted that the bench, on March 30 last year, had granted an interim stay on the state government's order appointing a new board of trustees. It had asked the government to frame the rules for the appointment of the new committee. Accordingly, the government framed the rules on January 1, 2013. 
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