IN THE HIGH COURT OF KERALA AT ERNAKULAM
RCRev..No. 61 of 2010()
1. BABU, S/O. SUBBIAH, TC 15/1745
... Petitioner
Vs
1. MANI RAJ GOPAL, W/O.LATE RAJA GOPAL
... Respondent
2. RAJ KUMAR,S/O. LATE RAJ GOPAL
For Petitioner :SRI.G.SUDHEER
For Respondent :SRI.RAM MOHAN.G.
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :24/02/2010
O R D E R
PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ.
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CRP. No. 61 of 2010
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Dated this the 3rd day of February, 2010
O R D E R
Abdul Rehim, J.
This revision petition is preferred against the judgment
and decree in O.A. No. 6 of 2009 on the files of the Wakf
Tribunal, Kollam. A decision taken by the 5th respondent
Wakf Board on 12-8-2009 to conduct elections to the
Council of the first petitioner Jama-ath, by appointing an
Advocate Commissioner, was under challenge before the
Tribunal. In the impugned judgment, the Wakf Tribunal
found that the present committee of the Jama-ath was
elected as early as on 27-10-2002 and inspite of the fact
that the term of office is for a period of 3 years as provided
in the byelaws, the same committee is continuing
thereafter. According to the respondents, the General Body
Meeting held on 20-8-06 unanimously decided to extent the
period of term of office of the present Council, till
CRP. 61/10
– 2 –
completion of construction of a Mosque viz., “Hameediya
Mosque” proposed to be put up in the Jama-ath. But it is
found that there is no materials to show that construction
of the “Hameediya Mosque” was even started. It is further
noticed that on 23-11-2008 a General Body Meeting of the
Jama-ath was held and the present office bearers were
again allowed to continue till completion of the construction
of the Mosque. But 162 members of the Jama-ath have filed
a mass petition before the Wakf Board against illegal
continuance of the present office bearers in office, even
after expiry of the term of the office as early as on 26-10-
2005. The Tribunal noticed that, as per relevant provisions
contained in the byelaws of the Jama-ath, the term of office
is for three years. It is further noticed that no elections as
per terms of the byelaws was ever conducted after 27-10-
2002. Under the above circumstance, an Advocate
Commissioner was appointed through the impugned order
CRP. 61/10
– 3 –
to conduct elections to the Jama-ath.
2. On a perusal of the order of the Wakf Board as well
as impugned judgment of the Wakf Tribunal, we find no
irregularity or impropriety warranting interference.
Learned Counsel for the revision petitioners Sri.Sabu
Thozhupadan submitted that the revision petitioners have
no objection in conducting elections to the council of the
Jama-ath in a proper manner. But it is contended that the
Wakf Board has taken the decision to conduct elections by
appointing an Advocate Commissioner, in a hasty manner,
without considering submissions of the revision petitioners.
It is also contended that the Advocate who is appointed as
Commissioner to conduct elections is a junior lawyer, who
may not be able to handle situations emerging out of rival
interests of the members of the Jama-ath. But we notice
that such an argument was not seen raised before the
Tribunal. However, we are of the opinion that with respect
CRP. 61/10
– 4 –
to the procedure to be followed in the matter of conduct of
elections, the revision petitioners can make proper
representations before the Advocate Commissioner and we
do not find any reason to presume that the Advocate
Commissioner will proceed with conduct of elections without
considering such representations and without following
sound principles of democracy.
Under the above circumstance we find the revision
petition as devoid of any merit, and the same is accordingly
dismissed.
PIUS C.KURIAKOSE, JUDGE
C.K. ABDUL REHIM, JUDGE
ksv/-