Dismissed

Abdul Kareem v. Kerala State Waqf Board

Kerala HC20 Oct 2022WP(C)/33349/2022

Case brief

AI extract

What is this about?

The High Court of Kerala held that under Article 226, it cannot interfere in each stage of the election process. The petitioner was directed to approach the Returning Officer/Advocate Commissioner for grievances regarding the Voters List, and the Writ Petition was dismissed.

What did the court decide?

dismissed the writ petition directing the petitioner to approach the Returning Officer for grievances regarding the voters list.

Abdul Kareem Vs Kerala State Waqf Board — Kerala HC (2022) — LawSathi Research

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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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THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

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WP(C) NO. 33349 OF 2022

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OP (WAKF) 11/2022 OF HIGH COURT OF KERALA

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PETITIONER/S:

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ABDUL KAREEM AGED 55 YEARS SON OF MARAKKAR, PARAMBIL HOUSE, PALLIKKAL, MALAPPURAM., PIN - 673634

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BY ADVS. I.DINESH MENON L.RAJESH NARAYAN

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RESPONDENT/S:

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1 KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI., PIN - 682017

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2 PALLIKKAL BAZAR JUMA ATH PALLI MAHAL COMMITTEE REPRESENTED BY ITS SECRETARY, K.LIYAKKATH ALI, PALLIKKAL P.O., MALAPPURAM., PIN - 676634

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3 K. LIYAKKATH ALI AGED 56 YEARS SECRETARY, PALLIKKAL BAZAR JUMA ATH PALLI MAHAL COMMITTEE, PALLIKKAL P.O., MALAPPURAM., PIN - 67664

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4 ADVOCATE ABOOBACKER SIDHIK ADVOCATE COMMISSIONER, HIGH COURT OF KERALA, ERNAKULAM, ADVOCATE CMMISSIONER APPOINTED AS PER JUDGMENT DATED 04.7.2022 IN OP [WAKF] NO.11 OF 2022., PIN - 682031

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WP(C) NO. 33349 OF 2022

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5 ADVOCATE SHIRAZ BAVA V.S. ADVOCATE COMMISSIONER, HIGH COURT OF KERALA, ERNAKULAM, ADVOCATE COMMISSIONER APPOINTED AS PER JUDGMENT DATED 04.7.2022 IN OP WAKF NO.11 OF 2022., PIN - 682031

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BY ADV Jamsheed Hafiz

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OTHER PRESENT:

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SC JAMSHEED HAFIZ., ADV SHIRAZ BAVA., GP P.M. SHAMEER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33349 OF 2022

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S.V.BHATTI & BASANT BALAJI, JJ.

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- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - WP(C) NO. 33349 OF 2022

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JUDGMENT

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(Dated this the 20^th day of October 2022)

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Basant Balaji J.,

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This Writ Petition is filed a member of Pallikkal Bazar Jumath Palli, Malappuram with the following reliefs..

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i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents 4 & 5 to forthwith publish the voters list after finalizing the same including members who produce receipts issued by the muthavalli who was in charge of the society;

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ii.Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents 4 & 5 not to include the names of those persons in the voters list who produce receipts issued by the former secretary of the Mahallu;

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iii. Dispense with the translation of vernacular documents.

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Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.

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WP(C) NO. 33349 OF 2022

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As per Ext.P1, this court disposed of O.P.No.11 of

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2022 appointing two advocate commissioners to conduct

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the election within 8 week from the date of receipt of a copy of the judgment.

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One Sri N V Alavi Kutty, Retd.Sub Inspector was appointed as interim muthawalli by the Wakf board and he

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was allowed to continue as the interim muthawalli and to do the daily administration of the mahallu committee and to prepare the voters list for the election along with the Advocate commissioners. By Ext.P2 order, further directions were issued in addition to the directions in Ext.P1. The directions are extracted below:

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“(1) The Commissioners are permitted to issue fresh notice calling for proof of payment of annual membership fee of Rs.30/- being one of the mandatory

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WP(C) NO. 33349 OF 2022

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qualifications to become a voter in the Mahal. Proof of payment of annual membership fee can be submitted by the persons who are seeking inclusion in the voters list or by the Jama-ath.

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(2) After the receipt of proof of payment of annual subscription, draft list of members who are to be included in the voters list, has to be published by the Commissioners calling for objections.

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(3) Objections, if any against the draft voters list of new members published, shall be scrutinised by the Commissioners after hearing both the parties and final list regarding the inclusion of new members from 2015 till date has to be published.

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(4) The Commissioners, after finalising the final list, can publish a final voters list to be used for conducting the election. Thereafter, election can be conducted on the basis of the final voters list thus published.”

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The case of the petitioner is that pursuant to Ext.P2

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WP(C) NO. 33349 OF 2022

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order, respondent Nos.4 and 5 issued a proclamation dated 25.9.2022 and going by the same, it can be seen even the

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receipts issued by the former Secretary any person can seek inclusion of his name in the voters list which is against the bylaw. He further submits that only those persons who are effecting payment of the muthawalli and proceedings issued by the muthawalli alone can be permitted to be included in the voters list.

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As per Ext.Nos.P1 and P2, we directed the interim

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muthawalli along with respondent Nos.4 and 5, who are appointed by this court to prepare the voters list taking into consideration of the directions issued. This court, under Article 226 of the constitution of India, cannot interfere in each stage of election and give directions. If the petitioner is aggrieved by the voters list published by the Returning

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WP(C) NO. 33349 OF 2022

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Officer/Advocate Commissioner, he has a remedy under

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law to challenge it. He cannot rush to this court under Article 226 of the India for the reliefs mentioned above.

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We do not find any ground to interfere with the election process and the election can be conducted in accordance with the directions issued already. The ground raised in this writ petition is left open to the petitioner to be raised before the Returning Officer/Advocate Commissioner. With the above observation the Writ Petition is dismissed.

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S.V.BHATTI, JUDGE sd

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BASANT BALAJI, JUDGE

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dl/

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WP(C) NO. 33349 OF 2022

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APPENDIX OF WP(C) 33349/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE JUDGMENT IN OP[WAKF] NO.11/2022 DATED 04.07.2022. Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 02.9.2022 IN OP [WAKF[ NO.11/2022. Exhibit P3 TRUE COPY OF THE ELECTION PROCLAMATION DATD 25.9.2022 PUBLISHED BY RESPONDENTS 4 AND 5.

Abdul Kareem v. Kerala State Waqf Board

Case brief

What is this about?

What did the court decide?

Abdul Kareem v. Kerala State Waqf Board

Case brief

What is this about?

What did the court decide?

What the court decided

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