RAUFUDDIN KACHERIWALAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners being the nominated members of the State Haj Committee (hereafter 'K-SHC') constituted in terms of sec. 18 of the Haj Committee Act, 2002, vide Notification 20/1/2020 are seeking directions at the hands of the Writ Court as under:

(2.) Learned counsel for the petitioners argued that the tenure of the Chairman of Committee is three years as prescribed under sec. 21(4) of the Act; such election ought to have been held within 45 days as provided under sec. 21(3) of the Act; however, it was held belatedly that too with the intervention of this court in W.P.No.3772/2021 between KHUSRO QURESHI vs. STATE OF KARNATAKA, disposed off on 23/2/2021 and the appointment came to be notified only on 7/7/2021; this period has to be reckoned from the date of election of the Chairman i.e., 24/6/2021; the Chairman was accordingly appointed vide Notification dtd. 7/7/2021; therefore, the tenure of the first petitioner as the Chairman should be allowed to continue till 6/7/2024.

(3.) Learned Advocate General appearing for the State opposed the Petition contending that the tenure of the Haj Committee and of the Chairman heading it are prescribed by the statute; by no ingenious argument, that tenure can be elongated; it is only a member of the Committee who is elected by other members and therefore, the tenure of the Chairman is coterminous with his membership; an argument to the contrary would offend the provisions of Act which incorporate the principles of democracy, the mode of selecting the Chairman being election. He highlighted the consequences that would follow if petitioners' argument is accepted. Learned counsel appearing for respondent No.3 adopted the submission of learned Advocate General. So contending, they sought for dismissal of Writ Petition.