High Court Kerala High Court

V.P.Muhammed Alias Manutti vs The Returning Officer Of Kerala … on 16 October, 2008

Kerala High Court
V.P.Muhammed Alias Manutti vs The Returning Officer Of Kerala … on 16 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28012 of 2008(I)


1. V.P.MUHAMMED ALIAS MANUTTI, AGED 66
                      ...  Petitioner

                        Vs



1. THE RETURNING OFFICER OF KERALA STATE
                       ...       Respondent

2. THE KERALA STATE WAKF BOARD,

3. MANNAKKAL JUMA MASJID MAHAL COMMITTEE,

4. PUTHUKUDY ABOOBACKER, PUTHUKUDY,

                For Petitioner  :SRI.K.M.FIROZ

                For Respondent  :SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD

The Hon'ble MR. Justice V.GIRI

 Dated :16/10/2008

 O R D E R
                           V. GIRI, J.
                  -------------------------------
                    WP(C).No. 28012/2008
                 ---------------------------------
        Dated this the    16th    day of October, 2008.

                           JUDGMENT

The petitioner claims to be the Muthavalli of Moonnakkal

Juma-ath palli, a registered Wakf. According to the petitioner,

as per the Wakf register one V.P.Kuhi Pocku is shown as the

Muthavalli. Subsequently, the petitioner’s brother Hurair Kutty

was recognised as Muthavalli. According to the petitioner, he

later succeeded on the death of the Muthavalli. The petitioner

submits that an election to the Wakf Board has been notified

under section 14 of the Wakf Act. The Muthavallis of the Wakfs

in the State constitute the electoral college. The petitioner’s

grievance is that his name is not included in the voters list

published by the first respondent. An objection submitted by

him has not been considered, according to him. But by Ext.P3,

a non speaking order, the complaint has been rejected. The

same has been challenged.

2. By order dated 25.9.2008, I directed the Standing

Counsel for the Wakf Board to file a statement indicating

WPC. 28012/2008 2

whether the order impugned in the writ petition can be the

subject matter of an election dispute. A statement has been

filed. Para 1 of the same reads as follows:

” In the above case, the petitioner

challenges the order of the Returning Officer

declining the petitioner’s request to include

his name in the Electoral Roll of the Electoral

College of Muthawalli and the inclusion of the

name of the 4th respondent. It is submitted

that Rule 55 of the Kerala Wakf Rules

provides for redressal of election disputes.

The complaint of the petitioner is to be

agitated as an election dispute in an Election

petition to be filed before the Wakf Tribunal

as per Rule 55 of the Kerala Wakf Rules.”

3. Election disputes are normally to be agitated only in the

manner which is provided in the statute which governs the

election. Since the Wakf Board which conducts election has

itself accepted that the claim made by the petitioner or objection

raised by him in relation to respondents 3 and 4 can be

adjudicated as an election dispute in terms of Rule 55 of the

Kerala Wakf Rules, I do not think it is appropriate to consider

WPC. 28012/2008 3

the case of the petitioner on merits in proceedings under Article

226 of the constitution. Accordingly recording the stand taken by

the first respondent, the writ petition is disposed of holding that

the dispute raised by the petitioner and the claim pursued by

him is a matter which can be urged as election dispute under

section 55 of the Kerala Wakf Rules.

V. GIRI, JUDGE.


Pmn/

WPC. 28012/2008    4