The court dismissed the first two prayers as spent due to lapse of time. The writ petition was disposed of with a direction to the Board to notify and hold an election for the institution within three months under the bye-laws.
Directed the Board to notify and hold election for the institution within three months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF JUNE 2021
BEFORE
THE HON’BLE MR.JUSTICE G.NARENDAR
W.P. NO.28 OF 2017 (GM-WAKF)
BETWEEN:
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AGED ABOUT 36 YEARS, S/O ABDUL B MEMBER MASJID SABA & MADRASA-E-MOHAMMEDIA FAIZUL-ULOOM, CHAMUNDINAGAR,NO.D1551, 2ND CROSS, SEETHAPPA LAYOUT, R.T.NAGAR POST, BENGALURU-560 032.
... PETITIONERS
(BY SRI K.M.PRABHU & SRI PRAVEEN KUMAR K.N., ADVS. (ABSENT))
AND:
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S/O LATE KHASIM SAB, AGED ABOUT 59 YEARS, (PROPOSED PRESIDENT AS PER IMPUGNED ORDER) THE PROPOSED MANAGING COMMITTEE MASJID SABA & MADRASA-E-MOHAMMEDIA FAIZUL-ULOOM, CHAMUNDINAGAR, R.T.NAGAR POST, BENGALURU-560 032.
... RESPONDENTS
(BY SMT.S.R.ANURADHA, ADV. FOR R1 TO R3; SMT. M.S. KAVITHA, ADV. FOR R4; SRI. S.Z.A.KURESHI, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.12.2015 PASSED BY RESPONDENT NO.2 AT ANNEXURE – A AND TO HOLD THAT THE RESPONDENT NOS.1 TO 3 ARE NOT JUSTIFIED IN CONSTITUTING COMMITTEE THOUGH ORDER DATED 19.11.2015.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
( THROUGH VIDEO CONFERENCE AT BENGALURU)
Case is called.
2. There is no representation on behalf of
the petitioners.
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appearing on behalf of respondent Nos.1 to 3 submits that the writ petition has spent itself as the first two prayers do not survive for consideration. The period under Annexure–A is for a period of 11 months commencing from 19.12.2015 and the period under Annexure–B covered under 2nd prayer is also for a period of 11 months commencing from 22.12.2016. The said periods having been completed, the first two prayers do not survive for consideration. Insofar as 3rd prayer is concerned, the learned counsel invites attention of the Court to Clause 4 of the Bye Laws of respondent No.4Institution, wherein it reads as under:
“4. GENERAL BODY:
The General Body will be the supervisor and administrative body of the institution. The General Body shall consider and approve the audited accounts and sanction budget estimates for the ensuing year and appoint an auditor. The General body shall
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constitute a Managing Committee with nine (9) as far as possible by general consensus and unanimity once in three years to manage the affairs of the institution. However, if no such consensus is possible to reach, the General Body shall elect a Managing Committee to manage the affairs of the institution by election as per Schedule-E. The Managing Committee which will be deemed to be under the General Supervision of the General Body fails in its duty or responsibilities or if its acts in a prejudicial to the interest of the institution. The General Body shall have the power to ask the Managing Committee to explain or show cause and or issue a warning or such directions as it may deem fit for the proper management of the institution and/or if need be to supersede and remove the Managing Committee and to appoint an Adhoc Committee for the managing the affairs of the institution pending appointment of a new Managing Committee by election as per Schedule-B subject to approval of the Board.”
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No.1-Board is required to ensure the conduct of election.
prayers are rejected as they do not survive for consideration. Insofar as 3rd prayer is concerned,
the writ petition is disposed of with a direction to respondent No.1-Board to notify and hold election to the respondent No.4-institution within a period of three months and strictly in accordance with the Bye Laws.
The writ petition stands disposed of
accordingly. No costs.
Sd/-
JUDGE
KTY
2 issues framed by the court
Whether the writ petition survives given the lapse of the period for the first two prayers.
Whether the Board is required to ensure conduct of election to the Wakf institution under the bye-laws.
Sri. Abdul Rehman
Chief Executive Officer Karnataka State Board of Wakfs
Additional Chief Executive Officer Karnataka State Board of Auqaf
Wakf Officer (Urban) District Wakf (Advisory) Committee
G. Narendar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
