M JAVEED ALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who belongs to Muslim community and Mutawalli of Masjid-e-Farooquia, Kodihalli, Bangalore, claiming to be interested in the proper functioning and management of the Karnataka State Board of Wakfs, Bangalore (for short the Board ), constituted by the State Government for better administration of the Wakfs and for matters connected therewith or incidental thereto, has filed this writ petition, questioning the appointment of Mr. R. Abdul Reyaz Khan, the 4th respondent, as a member of the Board by the State Government, as per the Notification, dated 20.08.2011, as at Annexure-A.

(2.) Brief facts necessary for deciding the petition are that the 4th respondent was a member of the Board in terms of a Notification No.RD/03/WES/2003, dated 20.09.2005. The Board was superseded by the State Government in exercise of the power under S.99(1) of The Wakf Act, 1995 (for short the Act ) by issue of a Government Order dated 16.01.2010, based on the findings in the report dated 15.01.2010 of the Hon ble Minister for Haj, Wakf and Minority Welfare. The members of the Board, including the 4th respondent, questioned the said report, by which the Board was superseded, in W.P.No.1476/2010. The main prayer in the writ petition having become infructuous, in view of the completion of the term of office of the writ petitioners, the petition was rejected and the stigmatic observations in the impugned order were expunged . W.A.Nos.4509 and 4565 of 2010 filed thereagainst have been dismissed.

(3.) The 2nd respondent - Returning Officer, having issued the calendar of events for holding election to the Board, the 4th respondent, the lone elected Muslim member of the Karnataka State Bar Council, having filed nomination in terms of the Sub-Section (2) of S.14 of the Act, at the time of scrutiny, the petitioner raised objection on the ground that the candidature of the 4th respondent has to be rejected, by invoking the S.16(e)(i) of the Act. The objection having been overruled and the nomination form of the 4th respondent having been accepted on 01.08.2011, vide Annexure-M and the State Government, in exercise of the power under S.14(9) of the Act and Rule 32 of the Karnataka Wakf Rules, 1997 (for short, the Rules ) having issued the Notification dated 20.08.2011, published in the Karnataka Gazette, vide Annexure-A, notifying that the persons shown thereunder as having been appointed under S.15 of the Act, as members of the Board, to hold office for a period of 5 years, feeling aggrieved, this writ petition was filed to quash the Notification, as at Annexure-A (in so far as it relates to the appointment of the 4th respondent) and the order, as at Annexure-M and for grant of consequential reliefs.