Dismissed

U B Siddique v. the Enrollement Officer

Karnataka HC7 Feb 2023WP/1828/2023

Case brief

AI extract

What is this about?

In this writ petition, a petitioner challenged notifications by the District Waqf Officer initiating elections for a Waqf with no managing committee. The single judge held that under Rule 54(5) of the Karnataka Waqf Rules 2017, the officer was entitled to initiate the process and dismissed the petition.

What did the court decide?

The impugned notification initiating elections was confirmed and the petition was dismissed for lack of merit.

U B Siddique Vs the Enrollement Officer — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 1828 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF FEBRUARY, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1828 OF 2023 (GM-WAKF)

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BETWEEN:

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U.B.SIDDIQUE, AGED ABOUT 44 YEARS, S/O U.B.MOSSA, R/AT NO.8-22/6(2), MOOSA COTTAGE, AMEENA VILLA, BASTHIPADPU, ULLAL, MANGALURU, D.K-575 020.

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…PETITIONER

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(BY SRI. K.N.PHANEENDRA, SENIOR ADVOCATE A/W SRI. SACHIN B S., ADVOCATE)

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AND:

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THE ENROLLEMENT OFFICER, Digitally signed by PADMAVATHI B K ULLAL JUMMA MASJID (402) AND Location: HIGH HAZ. SYED MUHAMMED SHARIFUL, COURT OF MADANI DARGA, ULLAL, KARNATAKA ULLAL TALUK, D.K.DISTRICT-575 020.

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THE WAKF OFFICER, DISTRICT WAKF ADVISOR COMMITTEE, MANGALORE, D.K-575 001.

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THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF WAKF, HAVING ITS OFFICE AT "DARUL AWKAF",

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WP No. 1828 of 2023

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NO.6, CUNNINGHAM ROAD, BENGALURU-560 052.

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…RESPONDENTS

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(BY SRI. USMAN P., ADVOCATE FOR R2 AND R3)

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THIS WRIT PETITON IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 18/11/2022 AND 01/12/2022 BEARING NO.HSMD/03/ENROLMENT-GBM/2022-23 ISSUED BY THE RESPONDENT NO. 1 AS PER THE ANNEXURE-A AND B AND ETC.,

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question a notification dated 18.11.2022 and 01.12.2022 by which the District WAQF Officer turning himself to be Enrolment Officer has issued calendar of events for conduct of elections to Ullal Jumma Masjid and Seyyid Mahammed Shareeful Madani Darga.

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Heard Sri. K.N. Phaneendra, learned Senior counsel appearing for the petitioner and Sri. P. Usman, learned counsel appearing for respondents No.2 and 3.

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WP No. 1828 of 2023

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A managing committee to manage on the aforesaid

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WAQF was initially constituted in the year 2016. The term of the said committee comes to an end in the year 2019. Then, subsisting managing committee not taking any steps for conduct of election in terms of the law, the administrator came to be appointed. The appointment of the administrator was called in question before this Court in W.P.No.51434/2019. The interim order was not granted. The said action by the learned Single Judge not granting an interim order was challenged in Writ Appeal No.4042/2019 and the Division Bench allowed the writ appeal and stayed the impugned orders, till the disposal of the writ petition. The writ petition was disposed as having become infructuous at a later point in time on 15.09.2022, on the ground that the term of the administrator had come to an end.

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In the interregnum, a new scheme of management

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of WAQF was notified by the Board, in terms of power under Rule 48 of the Karnataka WAQF Rules 2017 ('Rules' for short)

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and the scheme of administration of the WAQF is dated 16.06.2022, which is the scheme in subsistence as on date.

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WP No. 1828 of 2023

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Since the managing committee to the aforesaid WAQF was not in existence, the District WAQF Officer takes over the WAQF and initiates proceedings for conduct of elections and issues calendar of events. The issuance of calendar of events and order to enroll members to the WAQF is what drives a member of the WAQF to this Court in the subject petition.

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The learned Senior counsel taking this Court through the scheme of management of WAQF would contend that at the outset, the managing committee should be selected on a consensus in terms of Clause 2 of Chapter VI of the scheme and if no consensus is arrived at, it is only then the election should take place, in terms of chapter VIII of the scheme. Since the present action is by the District WAQF Officer, it is without jurisdiction, is the submission of the learned Senior counsel.

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The learned counsel, Sri. P. Usman on the other hand would refute the submissions taking this Court to the Rule 54 of the Rules to submit that if the managing committee is in existence then chapter VI would come into ply and on the failure of a consensus, chapter VIII would then become

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WP No. 1828 of 2023

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applicable. Since there is no managing committee in the case at hand, the election is the only mode and the District WAQF Officer taking over the WAQF for conduct of elections is valid in the eye of law.

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I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

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The afore-narrated facts are not in dispute and are therefore not reiterated. The scheme comes into existence on 16.06.2022. The scheme is notified by the Board in terms of Rule 48 of the Rules as a part of the scheme of administration of the WAQF. In terms of the said scheme, a consensus could be arrived at by selecting a managing committee of the general body, which is dealt with under chapter VI of the scheme, which reads as follows:

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"2) PROCEDURE FOR SELECTION OF MANAGING COMMITTEE BY THE FENERAL BODY:

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The existing managing committee/Administrator shall call for a General Body meeting by making public announcement in three consecutive Jumma prayers before General Body Meeting and on the date of General Body Meeting any Officer from the District Oddice or Head Office shall be invited as an Observer to the said proceedings of the General Body Meeting. In the said General Body Meeting,

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WP No. 1828 of 2023

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they shall select the managing committee. The names of the persons so selected in the General Body shall be attested by the Observer and forwarded to the Head OFfice for its approve."

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In the event there is no consensus for selection, it

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would then be election. The election is dealt with under Chapter VIII, which reads as follows:

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" 24. Constitution of Managing Committee through Election:

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1) Preparation of Electoral Roll and issue of Identity Cards:

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a) The Secretary of the Managing Committee or Administrator or Mutawalli within three months of the completion of the term shall issue notification inviting applications for enrolment of Members, deletions and corrections of details of names and address of Members of the Waqf providing minimum thirty days period.

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b) The Secretary of the Managing Committee or Administrator or Mutawalli shall publish the Provisional Electoral Roll of the Waqf as per Chapter IV calling for objections, suggestions and corrections giving a minimum period of seven days.

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c) After corrections and decisions on objections and suggestions, the Managing Committee or Administrator or Mutawalli after recording reasons for rejection, if any, shall publish the Final Electoral Roll within seven days after Clause (b) above, on the Notice Board of the Waqf and send a copy to the District Waqf Advisory Committee.

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d) The Managing Committee shall issue to every Member whose name is in the Final Electoral Roll of the Waqf institution an Identity Card indicating

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the name of the Waqf, full name of the Member, Membership number, date of birth, age and residential or business address. The recent passport size photo of the Member shall also be affixed on the Identity Card duly signed by him and attested by the Secretary of the Managing Committee or Administrator or Mutawalli along with the seal of the Waqf."

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For both these actions, there should be in existence

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a valid managing committee, managing the affairs of the WAQF. It is not in dispute that the managing committee earlier was selected/elected in the year 2016 and its term was for a period of 3 years. Pursuant to the interim order granted of the order appointing the administrator, the managing committee continued to manage the affairs of the WAQF, which was not beyond 3 years. In the interregnum, the scheme comes about. The scheme speaks of the managing committee taking steps for conduct of election. In the light of there being no managing committee, Rule 54 of the Rules would spring into action. The Rule 54 reads as follows:

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" 54. Appointment of Muthawallies or Managing Committees.- (1) The Board shall appoint Mutawallies or constitute managing committees under clause (g) of sub-section (2) of section 32 on receipt of proposals forwarded in accordance with the respective Scheme of Management.

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8 - WP No. 1828 of 2023

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(2) Such committees shall initiate process of constitution of succeeding committee as per the approved Scheme of Management three months prior to the expiry of the term of the committee and shall complete the entire process of constitution of succeeding committee within two months prior to expiry of the term of the committee.

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(3) The District Waqf Officer of the respective district shall supervise the process of appointment/constitution of succeeding committee.

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(4) If in the event of the existing committee fails to initiate and complete the process for constitution of succeeding committee within the time prescribed under sub-rule (2) of rule 52 the District Waqf Officer shall initiate such process within two months prior to the expiry of the term of the existing committee and complete the process prior to the expiry of the term of the existing committee.

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(5) If for any reasons succeeding committee is not constituted or appointed, the management and supervision of such Waqf institution shall automatically vest with the concerned District Waqf Officer and the District Waqf Officer or any other Officer authorized by the Board shall carry out duties and functions as delegated by the Karnataka State Board of Auqaf. He shall take action to get the succeeding committee constituted within a period of three months.

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(6) Such committees shall cease to have any power or authority for management of such Waqf institution including operation of bank accounts after expiry of the term."

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(emphasis supplied)

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In terms of Rule 54(2) of the Rules, an existing

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managing committee, 3 months prior to its seizing to be in office will have to initiate the process of election. In the event,

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no process of election is initiated by the existing managing committee, the District WAQF Officer shall take over the said WAQF in terms of Rule 54(5) of the Rules, this is the mandate of the Rule. The case at hand, need not detain this Court for long, as there is no managing committee for the WAQF, as on date. Therefore, the District WAQF Officer, who has issued the impugned order/notification either drawing of calendar of events or enrolment of members, is in tune with Rule 54(5) of the Rules and cannot be termed to be an act without jurisdiction.

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For the aforesaid reasons, finding no merit in the petition, the petition stands dismissed.

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SD/JUDGE

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U B Siddique v. the Enrollement Officer

Case brief

What is this about?

What did the court decide?

U B Siddique v. the Enrollement Officer

Case brief

What is this about?

What did the court decide?

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