Disposed

Nadayara Muslim Jama-Ath , v. the Kerala State Wakf Board

Kerala HC7 Nov 2022WP(C)/24658/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the ouster of a Jama-ath executive committee. Noting a settlement and suggestion for election by Advocate Commissioners, the court appointed advocates to conduct elections within two months and issued directions regarding voter lists and fees.

What did the court decide?

Appointment of Adv.Sabitha C A and Adv.Thayyib Sha P. S. as Advocate Commissioners to conduct the election within two months, directing petitioners to pay fees and expenses.

Nadayara Muslim Jama-Ath , Vs the Kerala State Wakf… — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE S.V.BHATTI

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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MONDAY, THE 7^TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944 WP(C) NO. 24658 OF 2022

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PETITIONER/S:

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1 NADAYARA MUSLIM JAMA-ATH,AGED 52 YEARS REPRESENTED BY ITS GENERAL SECRETARY, SHIHABUDEEN @ SABU, RESIDING AT THODIYIL VEEDU, KANNAMBA, VARKALA, THIRUVANANTHAPURAM,, PIN - 695141

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2 M A SATHAR,AGED 70 YEARS S/O MOHAMMED KUNJU, PRESIDENT, NADAYARA MUSLIM JAMA-ATH EXECUTIVE COMMITTEE, RESIDING AT K.K.HOUSE, NADAYARA, VARKALA, THIRUVANANTHAPURAM, PIN - 695141

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BY ADVS.

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M.RAJENDRAN NAIR M.SANTHY SREEDHARAN NAIR M.

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RESPONDENT/S:

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1 THE KERALA STATE WAKF BOARD REPRESENTED BY ITS SECRETARY , KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, PIN - 682017

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2 THE CHIEF EXECUTIVE OFFICER,KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, PIN - 682017

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3 DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DYSP, VARKALA, THIRUVANANTHAPURAM, PIN - 695141

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WP(C) NO. 24658 OF 2022

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-24 THAHA,AGED 79 YEARS S/O ABDUL AZEEZ, AGED 79 YEARS, KALIYIL VEEDU, NADAYARA, VARKALA P.O., THIRUVANANTHAPURAM,, PIN - 695141

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5 MUHAMMED BASHEER,AGED 76 YEARS S/O ABDUL RAHIM, AGED 76 YEARS, KALLUVILAKAM, NADAYARA, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141

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6 REFEEK,AGED 44 YEARS S/O ABDUL RAHIM, ADACHAVILA, NADAYARA, VARKALA P.O, THIRUVANANTHAPURAM, PIN - 695141

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7 SIYAD,AGED 50 YEARS S/O ABDUL GAFOOR, THUNDUVILA, NADAYARA, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141 BY ADV RAJAN T R

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

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ADMISSION ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 24658 OF 2022

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S.V.BHATTI

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& BASANT BALAJI, JJ.

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WP(C) NO. 24658 OF 2022

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JUDGMENT

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(Dated this the 7^th day of November 2022)

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Basant Balaji J.,

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The Writ Petition is filed by Nadayara Muslim Jama -ath Masjid along with the President of jama-ath for the following reliefs:

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(i) Issue a writ of mandamus or other appropriate writ directing the respondents 1 and 2 not to oust the present Executive Committee of 1^st petitioner headed by President 2nd petitioner illegally and forcefully from holding the office and managing the day to day affairs of the 1^st petitioner Jama-ath.

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(ii) Direct the 3rd respondent to give adequate protection to the present committee headed by 2nd petitioner to manage the day to day affairs of the 1^st petitioner.

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(ii) Grant such other relief the Honourable Court may

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WP(C) NO. 24658 OF 2022

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-4-

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deem fit and proper to grant in the nature of the petition.”

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Today, the counsel for the petitioner as well as respondent Nos.4 to 7 submitted that a settlement has been arrived between the parties with regard to the election to be conducted to the office of the Jama-ath. The following suggestions are made on behalf of the respondent for conducting the election by the Advocate Commissioners appointed by this court:

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(1) The election to the office of the Jama-ath will

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be conducted after due publication of the notification within two months.

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(2) A Commissioner appointed by the hon'ble High Court in this Writ Petition will be a returning officer and the entire proceedings of the election will be under his supervision.

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(3) The expenses of the Advocate Commissioner

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WP(C) NO. 24658 OF 2022

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and the election will be borne by the petitioners from the jama-ath funds available with them

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(4) All records including voters list necessary for the conduct of the election will be furnished to the Advocate commissioner by the petitioners as and when demanded by the commissioners.

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(5) Till the election results are finalised, the present management of the jama-ath will continue.

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Taking note of the above terms of settlement, we are of the considered opinion the writ petition can be disposed of by appointing two Advocate Commissioners of this court to conduct the election to the jama-ath within a time frame.

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In the result, this Writ Petition is disposed of with the

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following directions:

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WP(C) NO. 24658 OF 2022

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(i) Adv.Sabitha C A and Adv.Thayyib Sha P. S. are appointed as advocate commissioners for the conduct of the election to the Nadayara Muslim Jama-ath committee.

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(ii) The Advocate commissioners shall issue election notification prescribing the dates, which are required for the conduct of the election.

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(iii) The Advocate Commissioners can call for application for membership in the voters list as per the bye-law. Once they receive the applications, the draft voters list has to be published incorporating the existing voters as well as the new voters. Thereafter, objection has to be called for and after hearing the objections, final list has to be drafted.

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(iv) Once the final voters list is prepared, the commissioners can proceed with the election in accordance with law and declare the results.

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(v) The entire process of finalisation of voters list and declaration of results shall be completed within a period of two months from the date of receipt of a copy of this judgment.

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WP(C) NO. 24658 OF 2022

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(vi) The Advocate commissioners shall be paid Rs.50,000/- (Rupees fifty thousand only) each as fee and Rs.15,000/- (Rupees fifteen thousand only) as expenses. The petitioners shall pay the fees and expense from the funds of Jama-ath, within two weeks from today.

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S.V.BHATTI, JUDGE

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BASANT BALAJI, JUDGE

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dl/

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WP(C) NO. 24658 OF 2022

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APPENDIX OF WP(C) 24658/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE BYE LAW Exhibit P1a TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P1 Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 19-092019 IN W.P. (C) 18962 OF 2019 PASSED BY THE HON'BLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE ACQUITTANCE REGISTER MAINTAINED FROM OCTOBER 2018 Exhibit P4 TRUE COPY OF THE SETTLEMENT DEED NO.2636/2021 DATED 29-10-2021 Exhibit P5 TRUE COPY OF THE ACCOUNT STATEMENT AS ON JUNE 2022 Exhibit P6 TRUE COPY OF THE WRIT PETITION NO. W.P. (C) 10918/2022 DATED 25/3/2022 Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 19-072022 BEFORE THE 3RD RESPONDENT Exhibit P7a TRUE COPY OF ENGLISH TRANSLATION OF EXT.P7 COMPLAINT DATED 19-07-2022 RESPONDENT EXHIBITS Exhibit R(4)(a) True copy of the Minutes of the annual general body meeting of the Nadayara Muslim Jama-ath held on 1/7/2022

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WP(C) NO. 24658 OF 2022

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Exhibit R(4)(b)	True English translation of Exhibit R(4) (a)
Exhibit R(4)(c)	True copy of the proceedings of the election commission dated 15/7/2022
Exhibit R(4)(d)	True English translation of Exhibit R(4) (c)
Exhibit R(4)(e)	True copy of the Marriage Register page dated 28/8/2022 relating to the marriage of one Samnad
Exhibit R(4)(f)	True copy of English translation of Exhibit R(4)(e)
Exhibit R(4)(g)	True copy of the Marriage Register page dated 28/8/2022 relating to the marriage of one Sainalsha
Exhibit R(4)(h)	True copy of English translation of Exhibit R(4)(g)
Exhibit R(4)(i)	True copy of the Marriage Register page dated 28/8/2022 relating to the marriage of one Habi B Backer
Exhibit R(4)(j)	True copy of English translation of Exhibit R(4)(i)
Exhibit R(4)(k)	True copy of the Marriage Register page dated 22/8/2022 relating to the marriage of one Taufiq
Exhibit R(4)(l)	True copy of English translation of Exhibit R(4)(k)

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WP(C) NO. 24658 OF 2022

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Exhibit R(4)(m) True copy of the Marriage Register page dated 31/7/2022 relating to the marriage of one Rebin Exhibit R(4)(n) True copy of English translation of Exhibit R(4)(m) Exhibit R(4)(o) True copy of the voucher dated 18/8/2022 Exhibit R(4)(p) True English translation of Exhibit R(4) (o)

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PETITIONER EXHIBITS

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Exhibit P8 TRUE PHOTOCOPY OF THE NOTICE DATED 24.9.2022 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER

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Exhibit P8a TRUE ENGLISH TRANSLATION OF EXT. P8 NOTICE

Nadayara Muslim Jama-Ath , v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Nadayara Muslim Jama-Ath , v. the Kerala State Wakf Board

Case brief

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What did the court decide?

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