Abdul Khader Jakati Vs the Karnataka State Board of Auqaf

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER BEARING NO.KSBW/CMC/19/UKD/2024-25 DATED 07.02.2025 ISSUED BY RESPONDENT NO.1 (ANNEXURE-A) AND TO DIRECT RESPONDENT NO.1 TO CONTINUE THE OUTGOING MANAGING COMMITTEE TO MANAGE THE AFFAIRS OF THE NOOANI MASJID, SIRSI AS PER APPROVED SCHEME OF ADMINISTRATION UNTIL APPOINTMENT OF FRESH MANAGING COMMITTEE BY ELECTION/SELECTION AND ALSO TO DIRECT RESPONDENT NO.2 TO HOLD ELECTIONS FOR APPOINTMENT OF MANAGING COMMITTEE TO NOORANI MASJID, SIRSI IN ACCORDANCE WITH THE APPROVED SCHEME OF ADMINISTRATION WITHIN THREE MONTHS AND ETC.

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NC: 2025:KHC-D:9330 WP No. 101193 of 2025

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HC-KAR

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THIS WRIT PETITION IS COMING ON FOR HEARING - INTERLOCUTORY APPLICATION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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I. Issue writ in the nature of certiorari/order/direction of appropriate nature and set aside the impugned order bearing No.KSBW/CMC/19/UKD/2024-25 dated 07.02.2025 issued by the Respondent No.1 (Annexure-A).

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II. Issue writ of mandamus directing the Respondent No.1 to continue the outgoing managing committee to manage the affairs of the Nooani Masjid, Sirsi as per approved scheme of administration until appointment of fresh managing committee by election/selection.

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III. Issue a writ of mandamus directing the Respondent No.2 to hold elections for appointment of managing committee to Noorani Masjid, Sirsi in accordance with the approved scheme of administration within three months.

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IV. May pass any other order(s)/direction(s) the Hon’ble court deems fit in the interest of justice and equity.

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After arguing the matter for sometime, counsel for the petitioner submits that the petitioner has no objection for Form No.42 of the Karnataka Waqf

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3 - NC: 2025:KHC-D:9330 WP No. 101193 of 2025

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HC-KAR

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Rules 2017, being the model bylaws, being adopted for respondent No.3/Waqf through the Administrator now appointed. However, he caveats it by stating that, since elections have not been held, elections would be required to be held within a reasonable timeframe.

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Learned counsel for respondent No.3, by relying upon the decision dated 23.09.2021 in CRP No.32 of 2018, submits that there is no option but to adopt the model bylaws in terms of Form No.42 and that the administrator has no objection to such adoption.

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In that view of the matter, the dispute only narrows down to the conduct of the election to respondent No.3/Waqf, since as per the statutory rules, Form No.42 being the model bylaws, would have to be necessarily adopted by each Waqf institution without carrying out any amendment or the like to the said model bylaws. Hence, I pass the following

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4 - NC: 2025:KHC-D:9330 WP No. 101193 of 2025

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HC-KAR

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ORDER

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i) Writ petition is disposed of.

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ii) The relief sought for in the petition are moulded in view of the submissions made and concessions on the part of the counsel for the petitioner and respondent No.3.

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iii) The term of the office of the administrator, is extended by a period of four months from today. The administrator is directed to adopt the model bylaws in terms of Form No.42 within a period of 15 days from the date of receipt of a certified copy of this order by passing a formal order without making any changes in Form No.42 except to add the relevant details.

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