OP (WAKF)/8/2025 of MUNDAKKAYAM- VARIKKANI MUSLIM JAMA-ATH Vs THE KERALA STATE WAQF BOARD on 11 April 2025

JUDGMENT

Amit Rawal, J. One Muhammed Jineesh submitted an application under Sections 32, 45, 70 and 71 of the Waqf Act for conducting of the audit accounts of the Jama-ath for the period 2019 to 2023 and realize the loss of the Waqf from the persons responsible for such loss, much less for appointment of impartial Returning Officer for conducting the election to the 11 member committee and office bearers, appointment of Interim Mutawalli for administration of the Waqf till the new administrative committee is taken charge.

2. The aforementioned petition was contested by the persons who were arrayed as respondent no.1 to 3 on the premise that, they are jointly working under the ‘Mundakkayam Varikkani Muslim Jama-ath’. The administrative committee of the Jama-ath consists of 11 members elected from general body. There are two Jama-aths standing separately on their own administrative committee, there are no bye-laws in force after the separation of Mundakayam Jama-ath from Varikkani Jama-ath.

3. During the pendency of the aforementioned petition and I.A.No.173/2023 was submitted for appointment of Returning Officer for conducting election of the Jama-ath in a democratic manner, which was contested by the petitioner/respondent before the Wakf Board. The learned Wakf Board disposed of the application and appointed one Adv.Muhammed Puzhakkara as the Returning Officer for conducting the election of the Mundakkayam Varikkani Muslim Jama- ath with a direction to prepare voters list and complete all procedural formalities. The Divisional Waqf Officer is also directed to take prosecution steps against the Jama-ath committee in case they fail to pay the audit fee as directed earlier within a period of one month.

4. The aforementioned order was assailed before the Tribunal by filing OA No.52/2024 and IA 515/2024 has been filed for stay of the application, which is stated to be pending.

5. Mr.Ashraj, learned counsel appearing on behalf of the petitioners/applicants before the Tribunal submitted that, during the pendency of the aforementioned Wakf Original Appeal, the Returning Officer has issued a notification dated 05.04.2025 fixing the election for 20.04.2025. The whole purpose of pendency of the WOA and interim application would be futile, in case the elections are permitted to convene. In this view of the matter, they had approached this Court with the aforementioned original petition.

6. Mr.Jamsheed Hafiz, learned Standing Counsel for the Waqf Board submitted that the petitioner could have insisted the expeditious disposal of I.A.No.515/2024.

7. We have heard the counsel for the parties.

8. However looking at Ext.P4 history of the case hearing, it is a fact that the matter is being deferred for the purpose of admission before the Tribunal and there is no adjudication on I.A.No.515/2024, which was listed for arguments on 18.03.2025.

9. In this view of the matter, we, without expressing any opinion on the merit of the matter, dispose of the present OP(Waqf) by directing the Tribunal to decide I.A.No.515/2024 by 16.04.2025, the interim application seeking further stay of the order of the Wakf Board appointing the Returning Officer and the subsequent act of notification.

10. At this stage, we have been informed that the Presiding Officer of the Waqf Tribunal is on leave till 21.04.2025. In this view of the matter, we have no other choice, but to stay the ensuing election scheduled for 20.04.2025 with a direction to the Returning Officer to issue a fresh notification after the outcome of I.A.No.515/2024, which shall be decided only after the Presiding Officer joins, as expeditiously as possible, within one month thereafter.

Petition stands disposed off. Sd/-

AMIT RAWAL JUDGE Sd/-

K. V. JAYAKUMAR JUDGE

Sbna/

APPENDIX OF OP (WAKF) 8/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OA NO. 52/2024 FILED BY THE PETITIONERS BEFORE THE HON’BLE WAKF TRIBUNAL KOZHIKODE Exhibit P1(a) TRUE COPY OF EXHIBIT P1 AS PER THE

DIRECTIONS

Exhibit P2 TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE 4TH RESPONDENT DATED 05-04-2025 Exhibit P2(a) TRUE

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OF

EXHIBIT

P2 NOTIFICATION PUBLISHED BY THE 4TH RESPONDENT DATED 05-04-2025 Exhibit P3 TRUE COPY OF THE ORDER IN O.P NO. 88/2023 OF THE HON’BLE WAKF BOARD DATED 08-05-2024 Exhibit P3(a) TRUE COPY OF EXHIBIT P3 IN PRESCRIBED FORMAT AS PER THE DIRECTIONS Exhibit P4 TRUE COPY OF THE CASE STATUS OF THE OA NO. 52/2024 OF THE HON'BLE WAKF TRIBUNAL, KOZHIKODE Exhibit P5 TRUE COPY OF THE COUNTER FILED BY THE 3RD RESPONDENT BEFORE THE HON'BLE WAKF TRIBUNAL