The writ petitioner sought extension for enrollment of general body members to Ullal Juma Masjid and Dargah, effectively delaying elections. The court dismissed the petition, holding that enrollment must proceed irrespective of the earlier committee extending beyond their term.
Writ petition stands dismissed.
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WP No. 1946 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 1946 OF 2023 (GM-WAKF)
BETWEEN:
FATHIMA MAHAL, NO. 19-96, ULLAL – 575 020,
DAKSHINA KANNADA.
…PETITIONER
(BY SRI. NAVEED AHMED., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. USMAN P.,ADVOCATE FOR R1)
WP No. 1946 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO EXTEND THE TIME FOR ENROLLMENT OF GENERAL BODY MEMBERS TO ULLAL JUMA MASJID (402) AND HAZARATH SEYYID MUHAMMED SHAREEFUL MADANI DARGAH SITUATED AT ULLAL, DAKSHINA KANNADA DISTRICT, BY CONSIDERING THE REPRESENTATION DATED 11.01.2023 PRODUCED AT ANNEXURE-C IN ACCORDANCE WITH LAW, BY ALLOWING THIS WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking extension of time for enrollment of the general body members to Ullal Juma Masjid and Hazrath Seyyid Muhammed Shareeful Madani Dargah.
WP No. 1946 of 2023
in effect, seeks extension of date of elections in the garb of seeking time for enrolment of members.
stand to reason on a perusal of the documents, I decline to entertain the petition on the ground that enrolment of members have to happen notwithstanding the fact that the earlier
WP No. 1946 of 2023
committee way beyond their term. There is no ground to stall conduct of elections, at the instance of the petitioner.
Writ Petition stands dismissed.
Sd/JUDGE
JY
2 issues framed by the court
Whether the petitioner is entitled to extension of time for enrollment of general body members to stall elections.
Whether a writ petition seeking extension of time for enrollment should be entertained when elections were postponed by a previous court order.
Abdul Malik Hameed
The Karnataka State Board of Auqaf
The Enrollment Officer, Ullal Juma Masjid and Hazrath Seyyid Muhammed Shareeful Madani Dargah
Deputy Commissioner, Dakshina Kannada District
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
