years. But the present administrators are not dealing with such huge amount through any Bank Accounts and that they are keeping considerable amounts in their hands. Further allegation is that, the accounts are not kept in a proper manner, going by the report of the Auditor. Therefore it was argued that appointment of an Executive Officer to handle administration of the waqf is absolutely necessary. Through a counter affidavit filed by the respondents 2 and 3 herein, the interim application was opposed. The interim application was disposed of by the 1st respondent Board through Ext.P5 order on observing that subsection (5) of Section 38 of the Waqf Act, 1995 [mistakenly written as sub-section (4) in the order] stipulates that the salary and allowances of Executive Officer, if any appointed, need to be borne by the Board and it could be reimbursed only if the particular waqf generates any additional income as a result of appointment of the Executive Officer. Hence the board found that it is not advisable to appoint an Executive Officer for the mere reason that the waqf is not maintaining or operating any Bank Account for disbursing the expenditure and receipts of income. According to the Board, even if such irregularities are there, action can be taken under Sections 33, 47 and 48 of the
