Petitioner sought a writ under Article 226 to quash the election notification for a Wakf Jamath election dated 19.05.2022, alleging errors in the electoral list. The Court dismissed the petition, noting the process was nearing finality and objections should be raised before the Returning Officer.
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W.P.(MD)No.11155 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No.11155 of 2022
and
WMP(MD) Nos.7986 and 7987 of 2022
Thamimum Nasar .. Petitioner Vs
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the impugned order Na.Ka.ji.s.No.367 and396/Va.Ka./thae.Aa/thi.Veli/2022 dated 19.05.2022 issued by the second respondent and quash the same as illegal and further direct the respondents to stands still the election proceedings going to be conducted on 12.06.2022.
For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.N.Mohideen Basha Standing Counsel.
ORDER
This Writ Petition has been filed to quash the impugned order in Na.Ka.ji.s.No.367 and 396/Va.Ka./thae.Aa/thi.Veli/2022, dated 19.05.2022, issued by the second respondent and further direct the respondents to stands still the election proceedings going to be conducted on 12.06.2022.
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W.P.(MD)No.11155 of 2022
3.Mr.N.Mohideen Basha, learned Standing Counsel for the appearing for the respondents would submit that the election notification issued on 19.05.2022. As per the notification, schedule drawn, election to be conducted on 12.06.2022. Already nominations filed by the contestants on 26.05.2022, scrutiny was conducted on 27.05.2022, nomination papers verified and the candidates name published on 02.06.222 with details and symbol. As per Jisthiyyar Dharka, there are around 922 members and Haduliya Dharka they are around 982 members, totally around 2000 members. There might have been some repetition or non removal of names of dead persons, whose information might not have known to the returning officer. In any event, this election is to conducted in the presence of contestants and their representatives, the representatives of the candidates can very well identify the persons, thereafter voting is allowed. In case of any doubt, they can raise their objection, which would be considered appropriately. He further submitted that since the election process commenced to attain finality, at this stage, this petition cannot be entertained. He would further submit that the petitioner seconded one of the contesting candidates.
5.It is seen that election notification issued on 19.05.2022, election is scheduled to be conducted on 12.06.2022 and if at all the petitioner has any objection, he can very well approach the returning officer. Further, the Returning Officer, the second respondent, is an official from wakf Board. Further all the members of the Jamath known to each other well, there is no possibility of mis-identity or wrong identity of candidates. Hence the petitioner's apprehension is unfound. Further, the election process is to attain finality on 12.06.2022, at this stage, this Court is not inclined to quash the election notification.
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W.P.(MD)No.11155 of 2022
6.With the above direction, the Writ Petition stands disposed of . No costs. Consequently connected miscellaneous petitions are closed.
Assistant Registrar(RTI)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Aav
TO
W.P.(MD)No.11155 of 2022 and WMP(MD) Nos.7986 and 7987 of 2022 09.06.2022
NSN(CO) KB(17.06.2022) 3P 4C
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2 issues framed by the court
Whether the election notification scheduled for 12.06.2022 should be quashed due to alleged irregularities in the electoral list.
Whether the writ petition is maintainable at a stage when the election process attains finality on 12.06.2022.
3 provisions across 3 enactments
Thamimum Nasar
The Chief Executive Officer of Wakf
The Superintendent of Wakf
The Inspector of Wakf
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
