Muttam Ihyaul Islam Juma Ath ... vs Kerala State Waqf Board
2022 Latest Caselaw 10075 Ker

OP (WAKF) NO. 32 OF 2022       ..1..


           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                               &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 13TH DAY OF SEPTEMBER 2022 / 22ND BHADRA, 1944
                   OP (WAKF) NO. 32 OF 2022
  AGAINST THE ORDER/JUDGMENTOS 57/2022 OF WAKF TRIBUNAL,
                           KOZHIKODE
PETITIONER/S:

    1     MUTTAM IHYAUL ISLAM JUMA ATH COMMITTEE
          AIM MAHAL, MUTTAM, NEAR RAILWAY GATE, SHIRIYA P
          O,
          SHIRIYA AMSOM AND MUTTAM DESOM, KASARGO TALUK,
          KASARGOD DISTRICT., PIN - 671321

    2     ISMAIL ADKA
          AGED 70 YEARS
          S/O MOIDEEN KUNJI HAJI,
          PRESIDENT, MUTTAM IHYAUL ISLAM JAMA ATH
          COMMITTEE,
          SHIRIYA P O, SHIRIYA AMSOM AND
          MUTTAN DESOM, KASARGOD TALUK,
          KASARGOD DISTRICT., PIN - 671321

          BY ADV SHIRAZ ABDULLA


RESPONDENT/S:

    1     KERALA STATE WAQF BOARD
          VIP ROAD, KALOOR, ERNAKULAM DISTRICT ,
          REP. BY CHIEF EXECUTIVE OFFICER, PIN - 682017

    2     M T P ADBUL KAREEM, ADVOCATE COMMISSIONER
          BAR ASSOCIATION OF KASARGOD DISTRICT COURT.,
          PIN - 679335
          R BY ADV.JANSHEED HAFIS

     THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON
13.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (WAKF) NO. 32 OF 2022           ..2..

                                                                'CR'
                           JUDGMENT

Murali Purushothaman,J.

The Muttam Ihyaul Islam Juma Ath Committee

(hereinafter referred to as 'Juma Ath Committee' for

short), a society registered under the Societies

Registration Act, 1860, and its President, have

approached this Court under Article 227 of the

Constitution of India challenging the election notified to

the administrative committee of the Juma Ath.

2. Pursuant to the direction of the 1 st respondent/the

Kerala State Waqf Board, the 2nd respondent/the

Returning Officer issued Ext.P11 notification dated

29.08.2022 for election to the Juma Ath Committee. As per

Ext.P11, the date appointed for acceptance of nomination

was 05.09.2022 and the date for the poll is notified as

15.09.2022. According to the petitioners, the election

which is notified to be conducted on the basis of Ext. P10

final voters list is liable to be interfered with since it OP (WAKF) NO. 32 OF 2022 ..3..

contains names of ineligible persons. It is stated that

though the petitioners have submitted Ext.P13 objection

before the 1st respondent against Ext. P10 voters list and

the 1st respondent has issued Ext.P14 direction to the 2 nd

respondent/ Returning Officer to take necessary action on

Ext.P13 objection, the Returning Officer is proceeding

with the election, without rectifying the defects pointed

out by them in Ext.P10 final voters list.

3. It is well settled that, the Courts shall be slow in

interfering with election when the process has

commenced and shall permit the electoral process to

continue. Once the result of the election is declared, it

would be open to the aggrieved parties to challenge the

election before the appropriate forum.

4. The election process has already commenced with

the issuance of notification and has reached an advanced

stage. The process, other than the poll is over, and at this

stage, this Court cannot interfere with the election.

OP (WAKF) NO. 32 OF 2022 ..4..

Further, the question as to whether Ext.P10 voters list is

valid or not, is not a matter to be considered by this Court

in exercise of jurisdiction under Article 227 of the

Constitution of India. The aggrieved persons can

challenge the election after the declaration of results

before the Waqf Tribunal constituted under Section 83 of

the Waqf Act, 1995.

Without prejudice to the right to challenge the

election before the Waqf Tribunal, this original petition is

dismissed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

Sd/-

                                    P.G. AJITHKUMAR
                                         JUDGE
SB/13/09/2022
 OP (WAKF) NO. 32 OF 2022     ..5..


               APPENDIX OF OP (WAKF) 32/2022

PETITIONER EXHIBITS

Ext A TRUE COPY OF THE MEMBERSHIP REGISTER SUBMITTED BY P1 THE PETITIONER ALONG WITH THE LETTER DTD 01-04-2022

Ext A TRUE COPY OF THE LIST SUBMITTED BY THE PERSONS P2 INIMICAL TO THE PETITIONER

Ext A COPY OF THE NOTICE DTD 08-06-22 P3

Ext A TRUE COPY OF THE OBJECTION SUBMITTED BY THE P4 PETITIONER DTD 23-06-22

Ext A TRUE COPY OF THE NOTICE DTD 04-08-2021 BY THE 1ST p5 RESPONDENT

Extp6 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD 24-08-2021

Ext A TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK p7 OF THE PETITIONER

Ext A TRUE COPY OF THE INTERIM ORDERS IN OP NO. 69/2019 & P8 OP NO. 153/2019 DTD 12-02-2019 & 18-06-2019

Ext A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT P9 DTD 29-08-22

Ext A TRUE COPY OF THE FINAL VOTERS LIST PUBLISHED BY 2ND P10 RESPONDENT

Ext A TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY P11 THE 2ND RESPONDENT DTD 29-08-22

Ext A TRUE COPY OF THE BYE-LAW OF THE MUTTAM IHYAUL ISLAM P12 JAMA ATH

Ext A TRUE COPY OF THE OBJECTION TO EXT. P10 FINAL VOTERS P13 LIST SUBMITTED BY THE PETITIONER DTD 30-08-2022 OP (WAKF) NO. 32 OF 2022 ..6..

Ext A TRUE COPY OF THE DIRECTION ISSUED BY THE 1ST P14 RESPONDENT DTD 30-08-2022