Mohd Viqaruddin vs The Telangana State Wakf Board And ...
2023 Latest Caselaw 1435 Tel

         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.

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.

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.

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