IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18653 of 2009(B)
1. ABDUL MAJEED,S/O.K.K.KUNJU MOHAMMED,
... Petitioner
Vs
1. M.M.NASAR,S/O.MUHAMMED, 37 YEARS,
... Respondent
2. M.N.ABDUL KAREEM,S/O.NAINA,42 YEARS,
3. KAREEM.P.K,S/O.KOYAKUTTY,48 YEARS,
4. K.M.ISMAIL,S/O.ALI,KILIYANGAL VEEDU,
5. FAISAL.C.U,S/O.UNNI,36 YEARS,CHITTETH
6. PADAMUGHAL MAHALLU MUSLIM JAMA ATH,
7. ADVOCATE E.A.ABOOBAKER,PRESIDENT,
8. M.A.ABDUL KAREEM,SECRETARY,PADAMUGHAL
9. M.K.ABDUL RAHIMAN,TREASURER,PADAMUGHAL
10. KERALA STATE WAKF BOARD,REPRESENTED BY
11. MANSOOR ALI-ADVOCATE,RETURNING OFFICER
12. ABDUL SALIM,S/O.T.P.MOHAMMED,THAIKOODAM,
For Petitioner :SRI.T.U.ZIYAD
For Respondent :SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD
The Hon'ble MR. Justice V.GIRI
Dated :03/07/2009
O R D E R
V.GIRI,J.
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W.P ( C) No. 18653 of 2009
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Dated this the 3rd July,2009
J U D G M E N T
Petitioner claims to be a beneficiary of 6th
respondent Wakf. Respondents 1 to 5 have approached
the Wakf Board for a direction to conduct the elections of
the 6th respondent, Jama-ath Committee. Respondents 7
to 9 are the office bearers of the 6th respondent. On
10.2.2009, the Wakf Board appointed an Advocate as
returning Officer for the conduct of the election. It is
thereafter the petitioner filed an application for getting
himself impleaded as additional 5th respondent before the
Wakf Board and the same was allowed. The Jama-ath
published a draft voters list to which petitioner has filed
serious objections. A mass petition was also submitted by
the petitioner before the 11th respondent, the Returning
Officer.
2. According to the petitioner, the voters list has
been finalized without considering his contentions. He
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therefore moved an application before the Wakf Board for
staying the election which are scheduled to be held on
4.7.2009. Application has been adjourned without passing
orders and hence the writ petition.
3. Learned standing counsel for the Wakf Board
submits that a complaint regarding the conduct of election
can be raised even after the elections are held and
therefore the mere fact that the elections are held as per
the orders of the Wakf Board, will not take away the
petitioner’s right to challenge the same, if he is otherwise
eligible. I find force in the submission. I make it clear that
if elections are held to the 6th respondent, Jama-ath
Committee, during the pendency of the proceedings in OP
14/09 on the files of the Wakf Board, such elections shall be
subject to further orders to be passed by the Wakf Board in
the said original petition and also subject to the result of
O.P. 14/09.
Subject to the above, writ petition is disposed of.
(V.GIRI,JUDGE)
ma
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