Allowed

A.M.Nazeer Mohamed v. Ai Masjid Thaqw Sunnath Wal jamath (Hanafi)

Madras HC18 Dec 2023WA(MD)/1163/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ appeal against an order appointing an Advocate Commissioner to conduct Waqf elections. The Court set aside the appointment, directing the Tamil Nadu Wakf Board to conduct the election fairly within three months as it had the statutory power to do so.

What did the court decide?

Order dated 12.07.2022 set aside; Writ Appeal allowed; Tamil Nadu Wakf Board directed to conduct election fairly within three months.

A.M.Nazeer Mohamed Vs Ai Masjid Thaqw Sunnath… — Pension and Retirement Benefits | Madras HC (2023)

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W.A.(MD).No.1163 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.12.2023

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CORAM

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

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W.A.(MD).No.1163 of 2023 and C.M.P.(MD) No.8878 of 2023

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A.M.Nazeer Mohamed

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2.N.M.Abdul Kareem .. Appellants/Respondents 4 & 5

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Vs.

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1.Al Masjid Thaqwa Sunnath Wal

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Jamath (Hanafi) Mosque Wakf, Rep. by its Vice President Mr.V.P.Mohamed Sherif, S/o.Mr.V.K.Pakkir Mohamed, Keelatheru, Rajagiri, Thanjavur – 614 207. ...1^st

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...1^st Respondent/Writ Petitioner

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2.N.M.Haleelur Rahman

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The Tamil Nadu Wakf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar,

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Chennai – 600 001.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1163 of 2023

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The Tamil Nadu Wakf Board, Rep. by its Superintendent, Thanjavur District. .. Respondents 1 to 3/Respondents 3, 1 & 2

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 12.07.2022 in Rev. Aplw (MD) No.1 of 2021 in W.P.(MD) No.11120 of 2020 on the file of this Court.

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For Appellants : Mr.B.Jameel Arasu For Respondents : Mr.A.Raja Mohamed for R1 Mr.S.Vinayak for R2

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Mr.N.Mohideen Basha Standing Counsel for R3 & R4

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JUDGMENT

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(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)

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Against the order dated 12.07.2022, appointing an Advocate Commissioner to conclude the entire election process within a period of one

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month, the present Writ Appeal proceedings has been instituted.

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Learned Standing Counsel for the Waqf Board made a submission

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that the Office Bearers of the Waqf were elected on 08.08.2020 and the term

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1163 of 2023

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of three years expired on 08.08.2023, thereafter, the Waqf Board has to conduct the election by following the procedure contemplated.

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It is not in dispute between the parties that the term of three years has expired. Appointing an Advocate Commissioner to conduct election in a religious institution when the power has been conferred on the Waqf Board under the Waqf Act may not be necessary. Such appointment may lead to an anomalous situation and the High Court only on certain extra-ordinary circumstances interfere and in all other cases the Waqf Board must be allowed to conduct election by following the procedures. The statutory body and its powers conferred under the Act is always to be followed. In the present case, the appointment of an Advocate Commissioner to conduct election became unnecessary, since the Waqf Board is ready and willing to conduct election in an impartial manner by following the procedures.

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In view of the facts and circumstances, the order dated 12.07.2022, passed in Rev. Aplw (MD) No.1 of 2021 in W.P.(MD) No.11120 of 2020 is set aside and the Writ Appeal is allowed. The Tamil Nadu Waqf Board is

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1163 of 2023

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directed to conduct the election in a fair manner by following the proceedings as contemplated and complete the election process within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

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(S.M.S.,J.) (L.V.G.,J.) 18.12.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No SJ

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD).No.1163 of 2023

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S.M.SUBRAMANIAM,J. and L.VICTORIA GOWRI,J.

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W.A.(MD).No.1163 of 2023

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18.12.2023

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

A.M.Nazeer Mohamed v. Ai Masjid Thaqw Sunnath Wal jamath (Hanafi)

Case brief

What is this about?

What did the court decide?

A.M.Nazeer Mohamed v. Ai Masjid Thaqw Sunnath Wal jamath (Hanafi)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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