Disposed

Shamshoddin Sujauddin Khatib v. the State of Maharashtra and Others

Bombay HC6 Jun 2016WP/1286/2013

Case brief

AI extract

What is this about?

The petitioner challenged his exclusion from the final voters list for the Maharashtra State Board of Wakf Mutawalli category elections, arguing the communication was illegal due to lack of institution registration. The Court held that since election results were already declared and processes undertaken, the matter could not be agitated.

What did the court decide?

The Writ Petition is disposed of. Petitioner is at liberty to avail other proceedings regarding the election of the successful candidate. No costs.

Shamshoddin Sujauddin Khatib Vs the… — Constitutional and Fundamental Rights | Bombay HC (2016)

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1 wp 1286.2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1286 OF 2013

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Shamshoddin S/o. Sujauddin Khatib .. Petitioner

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Versus

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The State of Maharashtra and others .. Respondents

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Shri G. R. Syed, Advocate for the Petitioner. Shri S. M. Ganachary, A.G.P. for the Respondent No. 1. Respondent No. 2 served.

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CORAM : S. V. GANGAPURWALA AND K. K. SONAWANE, JJ. DATE : 06TH JUNE, 2016.

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PER COURT :

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. We have heard Mr. Syed, the learned counsel for the petitioner who submits that the name of the petitioner was not included in the voters list for the elections of the Maharashtra State Board of Wakf from the category of Mutawalli. Because of the same, the petitioner could not contest the election. The petitioner's name was included in the voters list published for the elections of Member of the Maharashtra State Board of Wakf from the category of Mutawalli in the year, 2012. However, on 20th January, 2013 the communication was made to the petitioner that the name of petitioner could not be included in the final voters list as the institution of which the petitioner is Mutawalli is not registered U/Sec. 36 of the Wakf Act. The said communication is per-se illegal.

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2 wp 1286.2013

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We have heard the learned Assistant Government Pleader also.

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When the petition was filed, the results of the election were not declared, subsequently the results of the elections are also declared. The same is undisputed fact.

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As the results of elections from Mutawalli category have been declared and further process has been undertaken, the same cannot be agitated in the present writ petition.

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The petitioner is at liberty to avail such other proceedings as is permissible in law with regard to the election of the successful candidate from the Mutawalli category. The Writ Petition as such is disposed of. No costs.

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[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ]

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bsb/June 16

Shamshoddin Sujauddin Khatib v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shamshoddin Sujauddin Khatib v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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