Veluthamanal Jama-Ath, Veluthamanal, Thodiyoor P.O., Karunagappally, Represented by Its President, v. the Kerala State Wakf Board

Kerala HC4 Oct 2023WP(C)/22863/2023

Case brief

AI extract

What is this about?

This Court permitted the Presiding Officer to declare the election result of the Veluthamanal Jama-ATH. The court allowed the result to stand as the election was held on the basis of the final voters list previously validated, ordering the writ petition to be closed with liberty to seek appropriate remedies against the result.

What did the court decide?

Permission granted to the Presiding Officer to declare the election result; Writ petition closed.

Veluthamanal Jama-Ath, Veluthamanal, Thodiyoor P.O… — Service and Employment | 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 AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA WEDNESDAY, THE 4^TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945 WP(C) NO. 22863 OF 2023

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PETITIONERS:

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1VELUTHAMANAL JAMA-ATH, VELUTHAMANAL, THODIYOOR P.O.,
KARUNAGAPPALLY, REPRESENTED BY ITS PRESIDENT, NASEER
K.J.
AGED 57 YEARS
S/O.JAMALUDHEEN KUNJU, RESIDING AT THYKOOTATHIL,
PULIYOORVANCHI KIZHAKKU, THODIYOOR P.O., KARUNAGAPALLY,
PIN – 690523

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2NOUSHAD
AGED 52 YEARS
S/O SUBAIRKUTTY, SHEEJA MANZIL, KALLELIBHAGOM P.O.,
KARUNGAPALLY, SECRETARY, VELUTHAMANAL JAMA-ATH,
VELUTHAMANAL, THODIYOOR P.O., KARUNAGAPPALLY, PIN –
690523

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BY ADVS.
T.H.ABDUL AZEEZ
MOHAMMED SADIQUE.T.A
K.M.MOHAMMED YUSUFF
ADILA JALEEL KOLLIYIL
K.P.MAJEED
SHANKAR V.

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RESPONDENTS:

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1 THE KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI, PIN – 682017

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2 CHIEF EXECUTIVE OFFICER

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THE KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI,
PIN – 682017

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3 MUJEEB

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S/O.SULAIMAN KUNJU, POYAKARAYATH, EDAKULANGARA PO,
KARUNAGAPPALLY KOLLAM DISTRICT, PIN – 690523

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WP(C) NO. 22863 OF 2023 -2-

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4 H. SALIM S/O.HAMEED KUNJU, KS MANZIL, EDAKULANGARA PO, KARUNAGAPPALLY KOLLAM DISTRICT, PIN – 690523

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5 ABDUL AZIZ S/O.MOHAMMED SALIH, PANATTUVADAKATHIL EDAKULANGARA PO, KARUNAGAPPALLY KOLLAM DISTRICT, PIN – 690523

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6 ASHRAF S/O.KOCHU KUNJU, ARSAHD MANZIL, MUZHANGUDI, THODIYOOR PO, KARUNAGAPALLY, KOLLAM DISTRICT, PIN – 690523

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7 HANEEFA KUTTY MATHERUKUNJHU, KUTTYVADAKATHIL, MUZHANGUDI, THODIYOOR P.O., KARUNAGAPALLY, KOLLAM DISTRICT, PIN – 690523

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8 ABDUL MUNEER S/O.KOCHUKUNHI, PALASSERYTHEKKATHIL, MUZHANGUDI, THODIYOOR PO, KARUNAGAPALLY, KOLLAM DISTRICT, PIN – 690523

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9 SHAMEER S/O.MOHAMMED KUNHU, SHAMEER MANZIL, IDAKULANGARA, KARUNAGAPALLY, KOLLAM DISTRICT, PIN – 690523

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10 IZAHAQ KUTTY S/O.MOHAMMED KUNHI, SHAMEE MANZIL, KALLELIBHAGOM, KARUNGAPALLY, KOLLAM DISTRICT, PIN – 690523

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11 E.M. ASHRAF S/O.IBRAHIMKUTTY, PALLATHUKATTIL, EDAKULANGARA, KOLLAM DISTRICT, PIN – 690523

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12 K.K. LATHEEF S/O.KOYAKUTTY, RUKHSANA MANZIL, EDAKULANGARA, KOLLAM DISTRICT,, PIN – 690523

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13 K. ABDUL RASAQ S/O.KOYAKUTTY, REHANA MANZIL, MUZHANGUDI, THODIYOOR PO, KARUNGAPALLYU, KOLLAM DISTRICT,

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WP(C) NO. 22863 OF 2023 -3-

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PIN – 690523

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14MOHAMMEDALI
S/O.NOORUDHEEN, OTTAYIL, MUZHANGUDI, THODIYOOR
PO, KARUNGAPALLYU, KOLLAM DISTRICT, PIN –
690523

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15THE RETURNING OFFICER
K. SAIFUDHEEN, ADVOCATE, VELUTHAMANAL MUSLIM
JAMA-ATH, RESIDING AT DAWN HOUSE, VADAKKUMTHALA
P.O., KARUNAGAPPALLY,, PIN – 690518

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BY ADVS.
P.A.ABDUL MAJEED
SHAFEEK A
JAGAN ABRAHAM M GEORGE
JAISON ANTONY(K/000076/2017)
SRI JAMSHEED HAFIZ SC WAQF

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 22863 OF 2023 -4-

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JUDGMENT

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AMIT RAWAL, J.

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This Court on 13.07.2023 while admitting the writ petition passed the following order:

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“Admit. Adv.Sri.Jamseed Hafiz, the learned Standing Counsel, takes notice for respondents 1 and 2. Adv.Sri.Abdul Majeed P.A., the learned counsel, takes notice for respondents 3 to 9. Issue notice by special messenger to respondents 10 to 15.

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Operation of Ext.P8 is stayed. The objection raised by the petitioners regarding the voters’ list be addressed by the Returning Officer before proceeding further. The date of election shall not be notified without previous permission from this Court.”

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On 12.09.2023 the following order is passed:

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“1. This Court on 21.08.2023 had granted liberty to the presiding officer to hold the election on the basis of the final voters list to be published.

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It has been informed that the final voters has been published and the period of four weeks would be expiring on 21.09.2023.”

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WP(C) NO. 22863 OF 2023 -5-

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In lieu thereof the Presiding Officer appointed for the purpose of holding election at present informs that election has been held on the basis of the final voters list published and the result has not been declared because of the pendency of the writ petition.

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We permit the Presiding Officer to declare the result of the election. Parties if aggrieved of the result of the election are at liberty to take appropriate legal remedy if so advised. Writ petition in this view of the matter is ordered to be closed.

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 Sd/-

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AMIT RAWAL JUDGE

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 Sd/-

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C.S. SUDHA JUDGE

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vv

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WP(C) NO. 22863 OF 2023 -6-

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APPENDIX OF WP(C) 22863/2023

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PETITIONER EXHIBITS

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`EXHIBIT-P1`	`TRUE COPY OF THE O.P. NO. 100/2021` `FILED BEFORE THE KERALA STATE WAKF` `BOARD, ERNAKULAM, DTD. 10/9/2021.`
`EXHIBIT-P2`	`TRUE COPY OF THE JUDGEMENT DATED` `07.07.2022 IN W.P.(C) NO. 21719 OF` `2022 OF THIS HON'BLE COURT.`
`EXHIBIT-P3`	`TRUE COPY OF THE ORDER IN` `O.P.100/2021, PASSED BY THE KERALA` `STATE WAKF BOARD, ERNAKULAM, DATED` `20.12.2022.`
`EXHIBIT-P4`	`TRUE COPY OF THE O.P. NO. 12/2022,` `FILED BEFORE THE KERALA STATE WAKF` `BOARD, ERNAKULAM.`
`EXHIBIT-P5`	`TRUE COPY OF THE AMENDED PROVISIONS` `OF THE BYE-LAW IN THE GENERAL BODY` `MEETING, DTD. 29/1/2023.`
`EXHIBIT-P6`	`TRUE COPY OF THE ORIGINAL BYE LAW OF` `THE PETITIONER JAMA-ATH.`
`EXHIBIT7`	`TRUE COPY OF THE REPORT DTD.` `2/1/2023, OF THE BOARD'S OBSERVER IN` `THE SPECIAL GENERAL BODY MEETING HELD` `IN RESPECT OF THE EXHIBIT P5`
`EXHIBIT-P8`	`TRUE COPY OF THE ORDER DATED` `31.05.2023 OF THE 1ST RESPONDENT` `BOARD IN O.P.NO.12/2022.`
`EXHIBIT-P9`	`TRUE COPY OF THE CLARIFICATION ORDER` `DATED 5/7/2023, ISSUED BY THE 2ND` `RESPONDENT.`
`EXHIBIT P10`	`TRUE COPY OF THIS LETTER OF REQUEST` `AND RECEIPT ACCEPTING THE VOTERS LIST` `DATED 28.07.2023`

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WP(C) NO. 22863 OF 2023 -7-

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EXHIBIT P11TRUE COPY OF THIS LETTER OF REQUEST
AND RECEIPT ACCEPTING THE VOTERS LIST
DATED 31.07.2023
EXHIBIT P12TRUE COPY OF THE COMMUNICATION
RECEIVED FROM THE PETITIONERS DATED
21.08.2023
EXHIBIT P13TRUE COPY OF THE LETTER DATED
22.08.2023
EXHIBIT P14TRUE COPY OF THE INDEX LIST OF
VOTER'S SUBMITTED TO RESPONDENTS
NO.15 BY THE PETITIONERS DATED NIL

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RESPONDENT EXHIBITS

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EXHIBIT R14 (A)A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 10/7/2023 ISSUED
BY THE 15TH RESPONDENT
EXHIBIT P14 (B)A TRUE COPY OF THE INTERIM REPORT
DATED 1/3/2023 SUBMITTED BY ADV.P.A
SALAM
EXHIBIT P14 (C)A TRUE COPY OF THE PLAINT IN O.S NO.
112/2023 FILED BY THE 8TH RESPONDENT
BEFORE THE MUNSIFF COURT
KARUNAGAPALLY DATED 2/3/2023
EXHIBIT P14(D)A TRUE COPY OF THE INTERIM ORDER
DATED 3/3/2023 IN I.A NO 1/23 IN O.S
NO 112/23 OF THE MUNSIFF COURT
KARUNAGAPALLY
EXHIBIT P14 (E)A TRUE COPY OF THE ELECTION
NOTIFICATION DATED 9/3/2018 ISSUED BY
THE 2ND PETITIONER AS RETURNING
OFFICER FOR CONDUCTING ELECTION TO
THE JAMATH IN THE YEAR 2018
EXHIBIT P14(F)A TRUE COPY OF THE REPORT DATED
20/7/2022 SUBMITTED BY THE DIVISIONAL
OFFICER THIRUVANANTHAPURAM OF THE 1ST
RESPONDENT

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WP(C) NO. 22863 OF 2023 -8-

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ANNEXURE-1TRUE COPY OF THE VOTERS LIST
EXHIBIT R15(A)TRUE COPY OF THE LETTER SEND BY THE
2ND PETITIONER DATED 22-08-2023

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EXHIBIT -R15(B)TRUE COPY OF THE LETTER DATED 29-8-
2023 AND ENDORSEMENT SHOWING THE
RECEIPT OF THE LETTER BY THE JOINT
SECRETARY ON 30-08-2023
EXHIBIT -R15(C)TRUE COPY OF THE REPLY DATED 30-08-
2023 SENT BY THE 2ND PETITIONER
EXHIBIT -R15(D)TRUE COPY OF THE ELECTION
NOTIFICATION DATED 29-08-2023
PUBLISHED BY 15TH RESPONDENT.
EXHIBIT -R15(E)TRUE COPY OF THE NOTICE PUBLISHED BY
THE VELUTHAMANAL JAMA-ATH SAMRAKSHANA
SAMITHI
EXHIBIT-R15(F)TRUE COPY OF THE REPRESENTATION DATED
02-09-2023 SUBMITTED BY ME BEFORE THE
ACP, KARUNAGAPPALLY
EXHIBIT-R15(G)TRUE COPY OF THE AGREEMENT DATED 02-
09-2023

Veluthamanal Jama-Ath, Veluthamanal, Thodiyoor P.O., Karunagappally, Represented by Its President, v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Veluthamanal Jama-Ath, Veluthamanal, Thodiyoor P.O., Karunagappally, Represented by Its President, v. the Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

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