Disposed

Nadathi Kunhimuhammed v. Kerala State Wakf Board

Kerala HC21 Oct 2022WP(C)/33445/2022

Case brief

AI extract

What is this about?

This civil writ petition challenged the voters list for the Thiruvathra Jama-ath Committee election. The court directed the returning officer to consider relief Ext.P9, reconsider objections, and finalize the voters list per bye-laws before conducting the election.

What did the court decide?

The 3rd respondent is directed to reconsider Ext.P9, consider objections raised, and finalize the voters list in accordance with the bye-laws and conduct election.

Nadathi Kunhimuhammed Vs Kerala State Wakf… — Pension and Retirement Benefits | 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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FRIDAY, THE 21^ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

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WP(C) NO. 33445 OF 2022

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PETITIONER/S:

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NADATHI KUNHIMUHAMMED AGED 62 YEARS S/O MOIDEEN HAJI, PADINJAREPURAKKAL HOUSE, THIRUVATHRA PO, THRISSUR DT. , PIN - 680516

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BY ADVS.T.K.AJITH KUMAR AISWARYA RAMESAN HARITHA HARIDAS

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RESPONDENT/S:

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1 KERALA STATE WAKF BOARD,VIP ROAD, KALOOR, KOCHI17, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN - 682017

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2 SENIOR SUPERINTENDENT,KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCHI., PIN - 682017

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3 ADV. C.A MAJEED,RETURNING OFFICER, THIRUVATHRA JAMA-ATH COMMITTEE THIRUVATHRA P.O, CHAVAKKAD, THRISSUR, PIN - 680516

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4 THIRUVATHRA JAMA-ATH COMMITTEE,THIRUVATHRA P.O, CHAVAKKAD, THRISSUR-680516 REPRESENTED BY ITS PRESIDENT, USMAN SAQAFI, S/O SULAIMAN, THONDANKERAN HOUSE, THIRUVATHRA P.O, CHAVAKKAD, THRISSUR, PIN - 680516

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BY ADVS.JAMSHEED HAFIZ

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C.A.MAJEED

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33445 OF 2022

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S.V.BHATTI & BASANT BALAJI, JJ.

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JUDGMENT

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(Dated this the 21^st day of October 2022)

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Basant Balaji J.,

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The petitioner a member of Thiruvathra Jama-ath Committee has filed this Writ Petition with the following prayers:

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“i. issue a writ in the nature of certiorari or any such other direction or orders calling for the records leading to Ext.P8 and set aside the same;

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ii. issue a writ in the nature of mandamus or any such other direction or orders commanding the 3rd respondent to recast and finalise the voters list as per Ext.P2 byelaws by including all those who are eligible to vote and deleting who are not eligible to cast vote;

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iii. issue a writ in the nature of mandamus or any such other direction or orders commanding the 3^rd respondent to reconsider Ext.P9 and not to proceed further with the elections till the same is considered and orders passed thereon:

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iv. issue a writ in the nature of mandamus or any such other direction or orders commanding the

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WP(C) NO. 33445 OF 2022

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3^rd respondent to defer the conduct of elections till such time the voters list is finalized as prayed for above;

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v. Filing of English translation of the documents in vernacular language may be dispensed with;

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vi. Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.”

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The petitioner is also the General Secretary of the

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Committee. The Jama-ath has got a bye-law and the committee is having registration No.401/1991. In 2003, one of the members approached the Wakf Board, seeking interference alleging that the Wakf properties were not managed properly. The Wakf Board appointed a returning officer to conduct the election. The elections were

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conducted and office bearers were appointed. Challenging the election, W.P.(C) No.19644 of 2009 was filed, which

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was disposed of directing the wakf board to consider the

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WP(C) NO. 33445 OF 2022

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rival contentions pursuant to which an order dated

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29.4.2013 was passed by the Wakf Board. The said order was challenged in W.O.A. No.2 of 2013. The Wakf board thereafter passed an order on 8.6.2015 appointing the Senior superintendent of the Board as the interim muthawalli under Section 63 of the Wakf Act. Challenging the order of appointment of the interim muthawalli, C.R.P. No.650 of 2014 was filed. Simultaneously W.P.(C) No.19755 of 2015 was also filed challenging the appointment.

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This court, by order dated 7.6.2019, disposed

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of the case appointing the 3^rd respondent as returning

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officer to conduct the election. The petitioner society was directed to manage the affairs of the Wakf property by the muthawalli appointed by the Wakf board. Due to Covid

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WP(C) NO. 33445 OF 2022

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-19 pandemic, the elections could not be conducted. The 3^rd respondent thereafter published a voters list of 645 persons calling for addition, deletion or objection to the same. A final voters list was published on 24.10.2021. W.P.(C) No.22148 of 2021 was filed challenging the voters

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list, which was disposed of on 12.11.2021 directing the 3^rd respondent to reconsider the objections raised by the petitioners and finalise the voters list strictly in accordance with Ext.P1 by law within a period of 3 months from the date of receipt of the judgment. In obedience to the judgment in W.P.(C) No.22148 of 2021, the 3^rd respondent published a voters list including 1322 persons.

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The petitioner submits that he is unaware of

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the manner in which the names have been included in the

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WP(C) NO. 33445 OF 2022 -6-

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voters list published by the 3^rd respondent, as the list of eligible voters recognized by the bye-laws of the petitioners is with him and the 3^rd respondent has not requested the petitioner to hand over the copy of the same for preparation of the present voters list. The petitioner thereafter filed Ext.P9 request dated 30.6.2022 and another request to conduct the election in accordance with the bye-law on 20.7.2022. The petitioner challenges the voters list

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produced as Ext.P8 and for a direction commanding the 3^rd respondent to recast the final voters list as per Ext.P2 byelaw including all those who are eligible to vote and delete who are not legible to cast vote.

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Heard the learned counsel for the petitioner

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and the standing counsel for respondent Nos.1 and 2.

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WP(C) NO. 33445 OF 2022

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-7-

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We take note of the fact that in Ext.P7 we have

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directed that final voters list should be strictly in accordance with Ext.P1 bye-law. The case of the petitioner is that Ext.P8 is published not in accordance with bye-law.

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Hence, he prays that a direction be given to the 3^rd respondent /Returning Officer to look into his objection and publish a new voters list strictly in accordance with byelaw. We have gone through the grounds raised in the Writ Petition and the exhibits produced and are of the considered opinion that the 3^rd respondent can be directed to consider Ext.P9 taking into consideration the directions issued by this court in Ext.P7 judgment dated 12.11.2021. Accordingly, We do so. The 3^rd respondent shall also look into the objections raised in Ext.P9 and finalise the voters list in accordance with the bye-law of the society and

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WP(C) NO. 33445 OF 2022

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conduct the election in accordance with law.

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The Writ Petition is disposed of as above.

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S.V.BHATTI, JUDGE

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sd BASANT BALAJI, JUDGE

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dl/

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WP(C) NO. 33445 OF 2022

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-9-

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APPENDIX OF WP(C) 33445/2022

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PETITIONER EXHIBITS

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Exhibit-P1	TRUE COPY OF THE RELEVANT PAGES OF THE BYE-LAWS OF THE SOCIETY WITH REGN. NO.401/1991
Exhibit-P2	TRUE COPY OF THE AMENDED BYE-LAWS.
Exhibit-P3	TRUE COPY OF THE ORDER DATED 7.6.2019 IN CRP(WAKF) NO.650/2014 AND WPC NO.19755/2015.
Exhibit-P4	TRUE COPY OF THE ORDER DATED 16.7.2021 IN WPC NO.19755/2015.
Exhibit-P5	TRUE COPY OF THE ELECTION NOTIFICATION DATED 12.8.2021.
Exhibit-P6	TRUE COPY OF THE ELECTION NOTIFICATION DATED 05.10.2021 WITH VOTERS LIST.
Exhibit-P7	TRUE COPY OF THE JUDGMENT DATED 12.11.2021 IN WPC NO.22148/21 & 18407/21.
Exhibit-P8	TRUE COPY OF THE ELECTION NOTIFICATION DATED 26.6.2022 WITH VOTERS LIST.
Exhibit-P9	TRUE COPY OF THE REQUEST DATED 30.6.2022 GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
ExhibitP-10	TRUE COPY OF THE REPRESENTATION DATED 20.7.2022 MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit-P11	TRUE COPY OF THE REPLY DATED 03.08.2022 GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER.

Nadathi Kunhimuhammed v. Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Nadathi Kunhimuhammed v. Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

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