The Karnataka High Court disposed of a writ petition filed by a Masjid and Dargah seeking to hold elections for their management committee. The court accepted the respondent's submission that elections had already been held, rendering the petition infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.24610 OF 2019 (GM-WAKF)
BETWEEN:
PETITIONERS 2 TO 4 ARE MEMBERS OF THE GENERAL BODY OF MASJID AND DARGAH HAZRATH KAMBAL POSH (R.A) HAVING OFFICE AT H K P ROAD BENGALURU-560 051.
...PETITIONERS
(BY SRI GEORGE JOSEPH, ADVOCATE)
AND:
2
BENGALURU-560 052 REP. BY ITS CHIEF EXECUTIVE OFFICER.
…RESPONDENTS
(BY SMT. S R ANURADHA, SR.COUNSEL FOR MISS. SWATHI, ADVOCATE FOR R1; R2-SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO PERMIT THE P-1 TO APPOINT AN ELECTION COMMITTEE AND HOLD ELECTIONS TO THE 'MAJLIS-E-MUNTAZIMA' OF MASJID AND DARGAH-E-HAZRATH KAMBALPOSH SHAH KHADRI [R.A] IN TERMS OF THE SCHEME SANCTIONED BY THE COURT OF THE DISTRICT JUDGE, CIVIL STATION, BENGLAURU IN O.S.NO.89/1952-53 DATED 19.09.1960 [VIDE ANNEXURE-B] AS WELL AS THE ORDER DATED 15.04.2013 PASSED BY THIS COURT IN W.P. NO.5103/2012 [GM-WAKF] VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THROUGH VIDEO CONFERENCE THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have made the following prayer in the writ petition :-
i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction of the like nature directing the 1st Respondent to permit the 1st Petitioner to appoint an Election Committee and hold elections to the 'Majlis-eMuntazima' of Masjid & Dargah-e-Hazrath Kambalposh Shah Khadri (R.A.) in terms of the
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Scheme sanctioned by the Court of the Hon'ble District Judge, Civil Station, Bengaluru in O.S.No.89/1952-53 dated 19.09.1960 (Vide Annexure B) as well as the order dated 15.04.2013 passed by this Hon'ble Court in W.P.No.5103/2012 (GM-Wakf) (vide Annexure D).
In view of the above, the petition is disposed of as having become infructuous with liberty to the petitioners to seek recall of this order in the event assertion of the panel counsel is incorrect.
Costs made easy.
Sd/JUDGE
CT:bms
NG
1 provisions across 1 enactments
Majlis-e-Muntazima Masjid & Gargah Hazrath Kambal Posh (R.A) H K P Road Bengaluru
Karnataka State Board of Wakfs
Ajaz Ahmed
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
