Allowed

Abdul Azeez v. Kerala State Wakf Board

Kerala HC25 Jan 2023WP(C)/2171/2023

Case brief

AI extract

What is this about?

The High Court of Kerala quashed orders rejecting appellants' nominations for a Wakf Board committee election based on spelling discrepancies. Relying on a prior decision on identical grounds, the court directed the Advocate Commissioner to accept the nominations and proceed with the election scheduled for January 29, 2023.

What did the court decide?

Impugned orders quashed; appointment order directed to accept petitioner nominations and act further for election on 29.1.2023.

Abdul Azeez Vs Kerala State Wakf Board — Writ and Judicial Review | Kerala HC (2023)

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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 A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944

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WP(C) NO. 2171 OF 2023

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PETITIONERS:

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1 ABDUL AZEEZ AGED 51 YEARS S/O SAIDALAVI, RESIDING AT THATTATHODI, THEKKETHODI HOUSE, POST PALLIKKAL, MALAPPURAM DISTRICT, PIN - 673634

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2 THAZHATHERI MUHAMMADALI AGED 58 YEARS

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S/O KUNHALI, RESIDING AT VALAPPIL, POST PALLIKKAL, MALAPPURAM, PIN - 673634 BY ADV R.RAMADAS

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RESPONDENTS:

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1 KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P. ROAD, KALOOR, KOCHI , PIN - 682017

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2 PALLIKKAL BAZAAR JUMA-ATH PALLI MAHAL COMMITTEE REPRESENTED BY ITS SECRETARY, PALLIKKAL P.O., MALAPPURAM, PIN - 673634

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3 ADVOCATE SHIRAZ BAVA V.S. ADVOCATE COMMISSIONER, HIGH COURT OF KERALA, ERNAKULAM, (ADVOCATE COMMISSIONER APPOINTED AS PER JUDGMENT DATED 04.07.2022 IN O.P. (WAKF) NO.11 OF 2022), PIN - 682031

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4 ADVOCATE ABOOBACKER SIDHIK ADVOCATE COMMISSIONER, HIGH COURT OF KERALA, ERNAKULAM, (ADVOCATE COMMISSIONER APPOINTED AS PER JUDGMENT DATED 04.07.2022 IN O.P. (WAKF) NO.11 OF 2022), PIN – 682031 BY SRI. JAMSHEED HAFIZ, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2023, ALONG WITH WP(C) NO. 2379 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.2171 & 2379 of 2023

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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 A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944

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WP(C) NO. 2379 OF 2023

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PETITIONERS:

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1 JAFAR SHAREEF THANGAL PK AGED 28 YEARS S/O AMEER KOYA THANGAL, PARAKKADAVU, (KADALUNDI PULIKKALAKATH HOUSE), PALLIKKAL BAZAR, PALLIKKAL P.O., MALAPPURAM,, PIN - 673634 2 KOYASSAN KOYA, AGED 72 YEARS S/O MUHAMMED, CHELATT HOUSE, PALLIKKAL BAZAR, PALLIKKAL P.O., MALAPPURAM, , PIN - 673634 BY ADV P.T.SHEEJISH

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RESPONDENTS:

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1 KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P. ROAD, KALOOR, KOCHI, PIN - 682017 2 PALLIKKAL BAZAAR JUMA ATH PALLI MAHAL COMMITTEE REPRESENTED BY IT'S MUTHAVALLI, PALLIKKAL P.O., MALAPPURAM,, PIN - 673634

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3 ADVOCATE ABOOBACKER SIDHIK 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 4 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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OTHER PRESENT:

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BY SRI. JAMSHEED HAFIZ, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2023, AONG WITH WP(C)NO.2171 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)Nos.2171 & 2379 of 2023

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A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C. P., JJ

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WP(C)Nos.2171 & 2379 of 2023 --------------------------------------------Dated this the 25^th day of January, 2023

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JUDGMENT

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Mohammed Nias.C.P. J.

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These writ petitions are filed by the members of the second respondent Pallikkal Bazaar Juma-ath Mahal Committee, registered with the Kerala Wakf Board. Pursuant to the directions of this Court in various proceedings, Advocate Commissioners, respondents 3 and 4, were appointed to conduct election pursuant to Ext.P1 election notification dated 7.1.2023. The Advocate Commissioner had published a draft voters list in which the name of petitioners were correctly shown. However, in the final voters list prepared by the Advocate Commissioner, the names of the petitioners were wrongly shown and accordingly nomination submitted by the petitioners correctly showing their names in the prescribed form has been rejected by the Advocate Commissioner stating that there is difference in the spelling of the candidates in comparison with the final voters list. Accordingly, in WP(C)No.2171 of 2023 Ext.P6 is challenged and in WP(C)No.2379 of 2023, Ext.P5 proceedings is under challenge.

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A similar issue where identical contentions were raised challenging the rejection of the nominations on the ground of spelling mistakes in the names were considered in WP(C)No.1621 of 2023. This Court found that the defects noted with respect to the spelling were too hypertechnical and that the nomination should not have been rejected for the said reason and direction was issued to the Returning Officer to accept the nomination of the petitioners for the election scheduled on 29.010.2023. It is submitted by all the parties that the issue involved in these writ petitions are also exactly similar and that similar directions may be issued.

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Accordingly, impugned orders in these writ petitions are quashed and there will be a direction to respondents 3 and 4 to accept the nomination of the petitioners for the election scheduled on 29.1.2023 and to act in furtherance thereof.

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The writ petitions are allowed as above.

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Sd/- A.K.JAYASANKARAN NAMBIAR, JUDGE

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Sd/- MOHAMMED NIAS C.P., JUDGE

dlk/25.1.2023

APPENDIX OF WP(C) 2379/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE ELECTION NOTIFICATION OF THE 2ND RESPONDENT ORGANISATION DATED 07.01.2023 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL VOTERS LIST PUBLISHED BY THE ADVOCATE COMMISSIONERS Exhibit P3 TRUE COPY OF THE NOMINATION PAPERS SUBMITTED BY THE 1ST PETITIONER TOGETHER WITH A COPY OF THE AADHAR CARD Exhibit P4 TRUE COPY OF THE NOMINATION PAPERS SUBMITTED BY THE 2ND PETITIONER TOGETHER WITH A COPY OF THE AADHAR CARD Exhibit P5 THE TRUE COPY OF THE PROCEEDINGS DATED 14/1/2023

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APPENDIX OF WP(C) 2171/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF ELECTION NOTIFICATION DATED 07.01.2023 ISSUED BY THE ADVOCATE COMMISSIONERS APPOINTED BY THIS HON'BLE COURT Exhibit P2 TRUE COPY OF RELEVANT PAGE OF THE DRAFT VOTERS LIST Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE FINAL VOTERS LIST PUBLISHED BY THE ADVOCATE COMMISSIONERS Exhibit P4 TRUE COPY OF THE NOMINATION PAPERS SUBMITTED BY THE 1ST PETITIONER TOGETHER WITH A COPY OF THE AADHAR CARD Exhibit P5 TRUE COPY OF THE NOMINATION PAPER SUBMITTED BY THE 2ND PETITIONER ALONG WITH HIS AADHAAR CARD Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 14.01.2023 BY THE ADVOCATE COMMISSIONER

Abdul Azeez v. Kerala State Wakf Board

Case brief

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Abdul Azeez v. Kerala State Wakf Board

Case brief

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