Andhra Pradesh High Court - Amravati
Shaik Syyad vs The State Of Andhra Pradesh on 9 February, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:W.P.No.3190 OF 2023
PROCEEDING SHEET
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1. 09.02.2023
Sri V.N.V.Surya Dattu, learned counsel for
the petitioner submits that the Managing
Committee of the respondent No.3 was earlier
constituted on 13.02.2019, in which the petitioner
was the President, challenging the same
W.P.No.2141 of 2019 was filed, which was allowed
setting aside the order dated 13.02.2019, vide
judgment dated 07.08.2020, which was affirmed in
W.A.No.299 of 2020 by order dated 05.11.2020.
2. He submits that the respondent No.2, the
Andhra Pradesh State Waqf Board (in short, the
Board) was directed to conduct elections of the
respondent No.3 herein within the specified period,
but that a new committee of management has been
constituted for a period of two (02) years from
14.10.2022 to 14.10.2024 without considering the
petitioner's application dated 29.12.2020, submitted
after the judgment in the Writ Appeal as also
without holding the elections, even for the present
term.
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3. Sri S.Arifullah, learned Standing counsel for
the Waqf Board submits that after the judgment in
the Writ Appeal, the institution was taken under the
direct management of the 2nd respondent. He
submits that after the expiry of the term of the
committee constituted by the order dated
13.02.2019, this is the fresh constitution of the
committee and consequently the direction, which
was given to hold elections, in W.P.No.2141 of 2019
would not be applicable. He further submits that
new committee has been constituted following
Regulation 5 (1) of the Regulations 2009, according
to which in case of a unanimous panel and certified
by Inspector Auditor, there would be no
requirement for elections.
4. Sri S.Arifullah, further raises the objection
that the petitioner has not filed the order of
Constitution of the committee and is challenging the
communication, only.
5. Learned counsel for the petitioner submits
that only the information has been given under RTI
application to the petitioner. Copy of the order has
not been given.
6. In W.P.No.2141 of 2019, this Court, in
judgment dated 07.08.2020, observed as under:-
"Before departing with the matter this court
constrained to take judicial notice of the fact
that the 2nd respondent, in spite of availability
of two panels and unanimous proposals of the
musalies by representation on record to
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conduct elections ignoring the same,
repeatedly in number of cases, contrary to
Regulation 5 of the Regulations, 2009, the 2nd
respondent is deliberately resorting to
constitute the Managing Committee for the
wakf institution by accepting one of the panel
out of two panels, for a period of one year or
two years under political consideration
thereby lot of litigation is created. Such
practice of the 2nd respondent needs to be
deprecated firmly. The 2nd respondent has to
understood that what amount of pressure this
court has undertaken to finally adjudicate the
lis in this writ petition before expiry of the
terms of managing committee of the 4th
respondent mosque in the prevailing
circumstances and atmosphere, better to
avoid unnecessary litigation, by scrupulously
following the rule of law. This is high time to
prevent entry of politicians into the affairs of
the Wakf Institution, where peaceful
atmosphere is needed. It is the duty of every
citizen of India to see that this court function
effectively by reducing frivolous and
unscrupulous litigation, especially
governmental agencies by following the
national litigation policy enunciated by Central
Government, with the consultation of Hon'ble
Supreme Court of India, by taking effective
steps for reducing the unnecessary litigation."
7. There was also clear direction to the Board,
as follows:-
"Hence, the impugned order is liable to be
set aside, and accordingly, it is set aside.
Accordingly, the 2nd respondent is directed to
conduct elections to the 4th respondent wakf
institution as expeditiously as possible within a
period of eight weeks from the date of receipt
of the copy of this order by preparing electoral
list, by the existing registered mussalies of the
4th respondent mosque."
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8. The submission of the learned Standing
Counsel that there was no need to hold elections,
prima facie, does not appeal to the Court for the
reason that the Constitution of the earlier
committee, impugned in W.P.No.2141 of 2019, the
term of which was for two (02) years from
13.02.2019, was set aside by this Court, on
07.08.2020 with the directions as quoted above. So
there is no question of the term coming to an end
but the direction was to constitute the committee
by conducting elections after preparing electoral
list. Since thereafter, the management remained
under the control of the Board and the present is
the 1st committee, constituted thereafter, without
holding elections, though prima facie, the direction
to hold elections vide order dated 07.08.2020, as
affirmed in Writ Appeal on 05.11.2020 to constitute
the managing committee, was not for the remaining
period.
9. Learned Standing Counsel shall obtain
instructions, in particular, i) if any committee of
management for the mosque in question was
constituted after the judgment in W.P.No.2141 of
2019 by holding the elections and ii) if not, the
constitution of the present management committee,
impugned in the writ petition, was why not
constituted by holding elections.
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10. Learned Standing Counsel shall produce
before the Court the order by which the present
committee has been constituted for the present
period with effect from 14.10.2022 to 14.10.2024.
11. List on 14.02.2023 in the „motion list‟.
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