THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.389 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.A.K.Mukheed, learned counsel for the
appellant and Mr. Abu Akram, learned Standing Counsel
for respondents No.1 and 2 i.e., Telangana State Waqf
Board.
2. This appeal is directed against the order dated 19.10.2022 passed by the learned Single Judge disposing of W.P.No.38895 of 2022 filed by the appellant as the writ petitioner.
3. Appellant had filed the related writ petition assailing the inaction of respondents No.1 and 2 i.e., Telangana State Waqf Board in conducting elections to the institution called Jama Masjid Syedna Abubakar Siddique (RZ) located at Al-Hasnath Colony, Toli Chowki, Hyderabad. 2
4. Before the learned Single Judge Mr. Abu Akram, learned Standing Counsel for Telangana State Waqf Board had submitted that because of rival claims being set up by different groups for appointing the Managing Committee of the said institution, there was delay in conducting the elections. He however had assured the Court that the Waqf Board was ready and willing to conduct elections in accordance with Andhra Pradesh Waqf Managing Committee (Constitution, Functions and Duties) Regulations, 2009 framed under the Waqf Act, 1995. He had further submitted that the entire process would be completed within a period of ten weeks.
5. Taking note of the aforesaid stand taken by the learned Standing Counsel, learned Single Judge disposed of the writ petition by directing the Waqf Board to take steps for conducting elections to the said institution and conclude the same within a period of ten weeks from the date of receipt of a copy of the said order by strictly following the aforesaid regulations of 2009 made under the Waqf Act, 1995.
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6. Before us, learned counsel for the appellant submits that the elections have to be conducted as per the Dastoor (by-laws) framed in terms of Section 32 of the Waqf Act, 1995.
7. On a query by the Court, Mr. Abu Akram, learned Standing Counsel for Telangana State Waqf Board submits that Waqf Board would have no difficulty in conducting the elections even under the aforesaid by-laws. In fact, a resolution was adopted to this effect by the Waqf Board in its meeting held on 02.04.2012.
8. That being the position, we clarify that elections to the Jama Masjid Syedna Abubakar Siddique (RZ) institution be conducted by the Waqf Board within a period of ten weeks as directed by the learned Single Judge by following the provisions of the Waqf Act, 1995 as well as the Dastoor (by-laws) framed thereunder.
9. This disposes of the writ appeal.
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Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 28.03.2023 vs