Madras High Court
Muhammad Mujeebur Rahman vs Principal Secretary To Govt on 4 March, 2021
C.M.A.No.1552 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
C.M.A.No.1552 of 2020
C.M.P.Nos.11497 & 11496 of 2020
Muhammad Mujeebur Rahman .. Appellant
vs.
1.Principal Secretary to Govt,
Backward Classes, Most Backwar,
Classes and Minorities Welfare (T1) Department,
Chennai-600 009.
2.The Returning Officer,
Tamil Nadu Waqf Board Elections 2020,
Additional Secretary to Government,
Backward Classes, Most Backward,
Classes and Minorities Welfare,
Secretariat, Chennai-600 009.
3.District Revenue Officer/Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Seerang Street,
Vallal Seethakadhi Nagar,
Chennai-600 001.
4.The Superintendent of Waqfs,
Tamil Nadu Waqf Board,
Chennai-1.
1/7
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C.M.A.No.1552 of 2020
5.P.M.S.Abdul Gaffoor
6.A.Abdul Rahman
7.G.Gulab Basha
8.C.Y.Javid Ahamed
9.M.Mohamed Basheer
10.Capt.G.A.Mustafa
Joint Secretary,
Mohammadan Public Library,
Quaide Millat Road,
Chennai-2. .. Respondents
PRAYER : Civil Miscellaneous Appeal filed under Rule 23(2) of Tamil
Nadu Wakf Board (Conduct of Election for Members) Rules, 1997, to call
for the records of the 1st respondent pertaining to G.O(2D).No.19 dated
12.09.2020 Chennai Back ward Classes, Most Backward Classes and
Minorities Welfare (T1) Department dated 12.09.2020 and quash the same
and consequently, direct the respondents 1 and 2 to conduct fresh elections
to the post of Member of Tamil Nadu Waqf Board in the category of
Mutawallis within a time frame to be fixed by this Court.
For Appellants : Mr.MeiyappanMohan
for M/s.Richardson Wilson
For Respondents : Mr.Y.T.Aravind Gosh
Additional Government Pleader (CS)
2/7
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C.M.A.No.1552 of 2020
for R1 & R2
Mr.V.Raghavachari for RR3 & 4
No-appearance for RR5 to 10
ORDER
The Civil Miscellaneous Appeal is filed challenging the Government
order passed in G.O (2D) No.19, Backward classes, Most Backward
Classes and Minorities Welfare (T1) Department dated 12.09.2020.
2. The Government order relates to the appointment of persons as
members of Tamil Nadu Waqf Board in the category of Mutawallis under
Section 14(1) of the Waqf Act, 1995. The Government Order
unambiguously stipulates that the election to the electoral college consisting
of Mutawallis was held on 09.09.2020 by secret ballot as per the procedure
prescribed and counting of votes was completed on 10.09.2020. As per Rule
20 of the Tamil Nadu Waqf Board (Conduct of Election for Members)
Rules, 1997, the Returning Officer has declared the following persons as
elected to the Office of Members of the Tamil Nadu Waqf Board in the
category of Mutawallis and given certificates of election to them under Rule
21 of the said rules subject to further orders of the Hon'ble Supreme Court
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C.M.A.No.1552 of 2020
of India and the outcome of the Special Leave Petition filed by the
Government of Tamil Nadu (Diary No.17419/2020) against the orders of the
High Court of Madras in W.P.Nos.726/2020, 8377/2020 and 9557/2020 in
the Supreme Court of India.
3. The learned counsel appearing on behalf of the appellant brought to the
notice of this Court that the said Special Leave Petition was disposed of by
the Hon'ble Supreme Court of India on 03.11.2020 in Civil Appeal
Nos.3603 to 3605 of 2020 and the Hon'ble Supreme Court of India in
paragraph No.28 of the order has observed thus:
28. In result, the fresh election of two members in category
under Section 14(1)(b)(iv) held in the year 2020 shall become
non est and Syed Ali Akbar and Dr.Haja K.Majeed shall
continue to occupy their office till their normal tenure of five
years from 10.10.2017.
4. In view of the judgment of the Hon'ble Supreme Court of India, no
further consideration is required as the parties are bound to implement the
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C.M.A.No.1552 of 2020
orders passed by the Hon'ble Supreme Court of India in the case cited supra.
With these observations, the Civil Miscellaneous Appeal stands disposed of.
No costs. Consequently, connected miscellaneous petitions are also closed.
04.03.2021
ssb
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
To
1.Principal Secretary to Govt,
Backward Classes, Most Backwar,
Classes and Minorities Welfare (T1) Department,
Chennai-600 009.
2.The Returning Officer,
Tamil Nadu Waqf Board Elections 2020,
Additional Secretary to Government,
Backward Classes, Most Backward,
Classes and Minorities Welfare,
Secretariat, Chennai-600 009.
3.District Revenue Officer/Chief Executive Officer,
Tamil Nadu Waqf Board,
No.1, Jaffer Seerang Street,
Vallal Seethakadhi Nagar,
Chennai-600 001.
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C.M.A.No.1552 of 2020
4.The Superintendent of Waqfs,
Tamil Nadu Waqf Board,
Chennai-1.
5.Capt.G.A.Mustafa
Joint Secretary,
Mohammadan Public Library,
Quaide Millat Road,
Chennai-2.
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C.M.A.No.1552 of 2020
S.M.SUBRAMANIAM, J.
ssb
C.M.A.No.1552 of 2020
04.03.2021
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