Writ petitions challenging elections and member enrolment to the Managing Committee of Anjuman-e-Islam, Dharwad were dismissed as infructuous, since the term under challenge had expired and a fresh elected committee was in charge per respondents' unopposed memo.
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.
NC: 2024:KHC-D:6150 WP No. 104800 of 2018 C/W WP No. 104505 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 104800 OF 2018 (GM-WAKF)
C/W
WRIT PETITION NO. 104505 OF 2018
IN W.P.NO.104800/2018
BETWEEN:
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.04.06 12:56:06 +0530
…PETITIONERS
(BY SRI B.D. HIREMATH, ADVOCATE)
AND:
R/O. AZAD NAGAR, MADARMADDI, DHARWAD.
…RESPONDENTS
NC: 2024:KHC-D:6150 WP No. 104800 of 2018 C/W WP No. 104505 of 2018
SRI MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R5; SRI SURESH P. HUDEDAGADDI, ADV. FOR R6; SRI SUNIL S. DESAI, ADV. FOR R7 TO R10; SRI GANGADHAR J.M., ADV. FOR R11 TO R14; SRI SANTOSH B. MALAGOUDAR, ADV. FOR PROP. R15-18)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED:19.04.2018 ISSUED BY THE 2ND RESPONDENT WITH APPROVAL OF THE 3RD RESPONDENT VIDE ANNEXURE-"H" AND DECLARE THAT ALL CONSEQUENTIAL ACTION TAKEN BY THE 6TH RESPONDENT IN ENROLLING THE NEW MEMBERS AS NULL AND VOID; A DIRECTION MAY BE ISSUED TO THE 1ST RESPONDENT TO DIRECT THE 2ND RESPONDENT WAKF BOARD ON ITS OWN TO ADOPT MODEL BYE LAWS AND TO ENABLE THE IMPARTIAL OFFICER APPOINTED BY THIS HON'BLE COURT TO HOLD THE ELECTION TO THE COMMITTEE OF MANAGEMENT TO THE 5TH RESPONDENT STRICTLY IN TERMS OF THE MODEL BYE LAWS UNDER THE SUPERVISION OF INDEPENDENT ELECTION OFFICERS AFTER APPOINTING AN ADMINISTRATOR NOT BELOW THE CADRE OF DEPUTY COMMISSIONER; TO DIRECT THE 1ST RESPONDENT TO TAKE APPROPRIATE ACTION ON THE ERRING OFFICIALS IN HOLDING THE ELECTIONS HELD IN THE YEAR 2015 UNDER THE OLD BYE LAWS AND ALSO PERMITTING THE CONTINUATION OF THE SAME ACTIVITIES BY PASSING AN ORDER DATED:19.04.2018 ISSUED BY THE 2ND RESPONDENT WITH APPROVAL OF THE 3RD RESPONDENT VIDE ANNEXURE-"H".
IN WP. NO.104505/2018 (GM-WAKF)
BETWEEN:
…PETITIONERS
(BY SRI B.D. HIREMATH, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI AHMED ALI RAHIMANSHAH, ADV. FOR R1 & R2; SRI MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R3; SRI SURESH P. HUDEDAGADDI, V.S. KALSURMATH, SRI A.C. PURAD & I.T. NIRVANI, ADVOCATES FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 BOARD TO CONSIDER THE REPRESENTATION DATED:22.06.2018 MOVED BY THE PETITIONERS VIDE ANNEXURE-"E" AND TO TAKE IMMEDIATE STEPS OF APPOINTING ADMINISTRATOR AND TO HOLD ELECTION IN TERMS OF THE AMENDED BYE LAWS; WRIT IN THE NATURE OF CERTIORARI MAY KINDLY BE ISSUED QUASHING THE PAPER ADVERTISEMENT VIDE ANNEXURE-"G" DATED:16.07.2018 ISSUED BY THE 4TH RESPONDENT FOR ENROLLING OF NEW MEMBERS TO THE 3RD RESPONDENT WAKF.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for respondent no.5 has filed a memo stating that copy of memo for disposal was served on petitioners as well as their counsel through WhatsApp and Email.
that subject matter of writ petitions was election to Managing Committee of Anjuman-e-Islam, Dharwad for term commencing from 2018 to 2021, which has since expired. It is further stated that for subsequent period, fresh elections were held and a newly elected Committee is in charge. Therefore, writ petition has become infructuous.
On perusal of writ petitions and findings substance in statement made in memo, writ petition is dismissed as having become infructuous.
In view of disposal of writ petitions, pending interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
Sd/JUDGE
AM List No.: 1 Sl No.: 2
Abdul Rasool Mohammed Ibrahim Dharwadkar
Ismail Khan Hasan Khan Shivalli
Gouse Mohiuddin
Maqbul Ahmed Allabaksh Hublikar
Nizamuddin Shaikh
Mohammed Iqbal Dharwadkar
RAVI V. HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
