Kerala High Court
Hussain vs C.B. Moidutty on 10 May, 2022
OP (WAKF) No.12/2022 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Tuesday, the 10th day of May 2022 / 20th Vaisakha, 1944
OP (WAKF) NO. 12 OF 2022
OS.NO. 53/2022 OF WAKF TRIBUNAL, KOZHIKODE.
PETITIONERS/DEFENDANTS 2 TO 5 IN OS NO.53 OF 2022/RESPONDENTS 2 TO 5 IN IA
NO.326 OF 2022 IN OS NO.53 OF 2022:
1. HUSSAIN, S/O. BAPUTTY ALIKKAKANTE, AGED 50, P.O. PONNANI SOUTH,
PUTHUPONNANNI AMSOM DESOM, PONNANI TALIK, MALAPPURAM DISTRICT - 679
586.
2. HAMSU, S/O. KHALID, AGED 48, HAJIYARAKATH, P.O. PONNANI SOUTH,
PUTHUPONNANNI AMSOM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT - 679
586.
3. MOIDUTTY, S/O. MOHAMMED, AGED 65, VELUTHAMADHINTE, P.O. PONNANI
SOUTH, PUTHUPONNANNI AMSOM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT
- 679 586.
4. HAMSU, S/O BEERAN, AGED 45, PALAKKAL, P.O. PONNANI SOUTH,
PUTHUPONNANNI AMSOM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT- 679
586.
RESPONDENTS/PLAINTIFF AND DEFENDANTS 1 AND 6 IN OS NO.53 OF 2022/PETITIONER
AND RESPONDENTS 1 AND 6 IN IA NO.326 OF 2022 IN OS NO.53 OF 2022:
1. C.B. MOIDUTTY, S/O. BAPPU, AGED 66, CHETTINTE, P.O. PONNANI SOUTH,
PUTHUPONNANNI AMSOM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT - 679
586, SECRETARY, PUTHU PONNANI MASALIHULU ISLAM SANGAM AND JARAM
COMMITTEE, PUTHU PONNANI, MALAPPURAM DISTRICT - 679 586.
2. K.V. UNNI AVARU (HAROON), SUPERINTENDING ENGINEER PWD (RETIRED),
RETURNING OFFICER, MASALIHULU ISLAM SANGAM, PUTHU PONNANI,
MALAPPURAM DISTRICT - 679 586
3. KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, ERNAKULAM -682 017,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
P.T.O.
OP (WAKF) No.12/2022 2/6
OP (Wakf) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (WAKF) the High Court be pleased:
i) to stay the operation of Exhibit P6 proceedings dated 05/05/2022
issued by the 2nd respondent returning officer pending disposal of the
Original Petition (Wakf).
ii) to issue an interim direction to the 2nd respondent to conduct
election as scheduled in Exhibit P1 based on Exhibit P2(a) final candidate
list ignoring Exhibit P6 pending disposal of the Original Petition
(Wakf). This petition coming on for admission upon perusing the
petition and the affidavit filed in support of OP (WAKF) and upon hearing
the arguments of M/S. K.M.FIROZ & M.SHAJNA, Advocates for the petitioners,
M/S. MOHAMMED SADIQUE T. A., T.H.ABDUL AZEEZ, K.P.MAJEED & SHANKAR V.,
Advocates for R1 and of SRI.JAMSHEED HAFIZ, STANDING COUNSEL for R3, the
court passed the following:
P.T.O.
OP (WAKF) No.12/2022 3/6
RAJA VIJAYARAGHAVAN. V & SOPHY THOMAS, JJ.
-------------------------------------
O.P. (WAKF) No. 12 of 2022
-------------------------------------------
Dated this the 10th day of May, 2022
ORDER
Raja Vijayaraghavan. V., J
We have heard Sri. Firoz, the learned counsel appearing for the
petitioners, Sri. Abdul Azeez T.H., the learned counsel appearing for the 1st
respondent and Sri. Jamsheed Hafeez, the learned counsel appearing for
the 3rd respondent.
2. Sri. Firoz, the learned counsel points out that the Returning
Officer had initially included the name of the petitioners in the final
candidates' list as is evident from Ext.P2(a) dated 23.04.2022. Later, based
on certain oral directions issued by the WAKF Tribunal to modify the final
candidates' list, Exhibit P6 proceedings have been issued by the 2nd
respondent removing the names of the petitioners from the final
candidates' list. According to the learned counsel, Exhibit P5 abstract of
proceedings passed by the WAKF Tribunal, Kozhikode, will not reveal that
OP (WAKF) No.12/2022 4/6
O.P. (WAKF) No.12 of 2022
any direction was issued by the Tribunal to remove the candidature of
names of the petitioners from the final candidates' list. Learned counsel
relies on A. P. Santhosh V. State Election Commission Kerala and
others [2015 (4) KLT 710] and submitted that the Returning Officer has no
power to suo motu review the list or his earlier decision which has become
final.
3. We find from Ext.P6 that after the publication of the final
candidates list, the Returning Officer has ventured to remove the name of
the petitioners from the list on the basis of certain oral directions purported
to have been given by the Wakf Tribunal.
4. In the light of the submissions made by the learned counsel
and in view of the law laid down in the judgment referred to above, we are
of the considered opinion that the petitioners have made out a case for
issuance of an interim order.
5. In that view of the matter, as an interim measure, Ext. P6
proceedings dated 05.05.2022 issued by the 2nd respondent will stand
stayed and there will be a direction to the 2nd respondent to conduct the
OP (WAKF) No.12/2022 5/6
O.P. (WAKF) No.12 of 2022
election scheduled in Ext. P1 based on Ext. P2(a) final candidates' list.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
SOPHY THOMAS,
JUDGE
avs
10-05-2022 /True Copy/ Assistant Registrar
OP (WAKF) No.12/2022 6/6
APPENDIX OF OP (WAKF) 12/2022
Exhibit P1 A TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY THE
2ND RESPONDENT ON 6-4-2022 SCHEDULING TO CONDUCT
ELECTION TO THE MANAGING COMMITTEE OF PUTHU PONNANI
MASALIHULU ISLAM SANGAM AND JARAM COMMITTEE.
Exhibit P2(a) A TRUE COPY OF THE FINAL CANDIDATE LIST PUBLISHED BY
THE RETURNING OFFICER ON 23-4-2022 OF ELECTION TO THE
MANAGING COMMITTEE OF PUTHU PONNANI MASALIHULU ISLAM
SANGAM AND JARAM COMMITTEE.
Exhibit P5 A TRUE COPY OF THE ABSTRACT OF VARIOUS PROCEEDINGS
DATED 30-4-2022 PUBLISHED BY THE WAQF TRIBUNAL,
KOZHIKODE.
Exhibit P6 A TRUE COPY OF THE PROCEEDINGS DATED 5-5-2022 ISSUED BY
THE 2ND RESPONDENT RETURNING OFFICER IN RELATION TO
ELECTION TO THE MANAGING COMMITTEE OF PUTHU PONNANI
MASALIHULU ISLAM SANGAM AND JARAM COMMITTEE.
