The High Court disposed of this writ petition by directing respondents 1 to 3 (Kerala State Wakf Board officials) to consider and dispose of a petition (Ext.P4) alleging election irregularities within three months.
Direction to respondents 1 to 3 to consider Ex.P4 and dispose of it within three months.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941
WP(C).No.23168 OF 2019(U)
PETITIONER/S:
1 A BASHEER AGED 56 YEARS S/O. ABDUL KAREEM, BASHEER MANZIL, EAST STREET, KODUVAYUR, PALAKKAD 678 501
2 ABDUL KALAM AZAD, AGED 52 YEARS S/O. ABDUL JABBAR, METHARATH HOUSE, EAST STREET, KODUVAYUR, PALAKKAD 678 501
3 S. MUHAMMED SALIM, AGED 56 YEARS S/O. C.M SANTH MUHAMMED, CHAKKARAKIZHAVAN HOUSE, EAST STREET, KODUVAYUR, PALAKKAD 678 501
BY ADVS. SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SMT.V.A.HARITHA SHRI.ASWIN KUMAR M J P.A.HELAN
RESPONDENT/S:
1 KERALA STATE WAKF BOARD WAKF BOARD BUILDING, KALOOR, ERNAKULAM REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, ERNAKULAM 682 017
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4 SECRETARY, KODUVAYUR SUNNATH WAL JAMA-ATH JAMIA MASJID COMMITTEE, WAKF NO. 2891/RA KODUVAYUR P.O, PALAKKAD 678 501
5 A. MOHAMMED HANEEFA, KODUVAYUR SUNNATH VAL, JAMA-ATH JAMIA MASJID COMMITTEE, WAKF NO. 2891/RA, KODUVAYUR P.O, PALAKKAD 678 501
R4-5 BY ADV. SRI.M.MUHAMMED SHAFI R4-5 BY ADV. SMT.T.RASINI
OTHER PRESENT:
SC,WAQF BOARD-SRI. T.P.SAJID
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.K.ABDUL REHIM & AMIT RAWAL, JJ.
W.P.(C) No.23168 of 2019
Dated this the 21st day of November, 2019
JUDGMENT
C.K.ABDUL REHIM, J
The above writ petition is filed seeking direction to the respondents 1 to 3 to conduct elections to the governing body of the 4th respondent Wakf, at the earliest. Inter alia, the petitioners seek direction to respondents 1 to 3 to consider and dispose of Ext.P4 petition filed before the 1st respondent.
of the Bye-laws of the Jama-ath; and that the existing President and other office bearers are continuing in the
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administration in an illegal manner. Therefore, the Wakf Board was requested to conduct elections to the Administrative Committee of the Wakf by appointing a Returning officer.
5
WP(C).No.23168 OF 2019(U)
is in charge of the Board. Therefore, we think it necessary to provide sufficient time for the Board to dispose of the matter.
Hence, the above writ petition is hereby disposed of by directing respondents 1 to 3 to consider Ex.P4 and to take appropriate steps to dispose of the same, after affording opportunity to the parties concerned, in accordance with law, at the earliest possible. At any rate, the said application shall be disposed of within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
AMIT RAWAL JUDGE
sab
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE BYLAW DATED 2108-1987 EXHIBIT P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 03-09-2018 EXHIBIT P3 THE TRUE COPY OF THE REPLY FILED BY THE 3RD RESPONDENT DATED 22-09-2018 EXHIBIT P4 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONERS AND OTHERS DATED 0608-2019
1 issue framed by the court
Whether the High Court should direct the Wakf Board to consider and dispose of a petition alleging illegal continuance of office-bearers.
BASHEER
ABDUL KALAM AZAD
S. MUHAMMED SALIM
KERALA STATE WAKF BOARD
CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD
DIVISIONAL WAKF OFFICER
C.K.ABDUL REHIM
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
