ABDUL KHALEEL SAHEB Vs. KARNATAKA BOARD OF WAKFS

JUDGEMENT

(1.) Petitioners claim to have been elected unanimously by the Muslim Jamath of Chikkaballapur on 27.2,1987 for the purpose of the Management of Jamath Ahle Islam (Jamia Masjid) and Masjid-e-Khurd in Chikkaballapur Town. The thirteen petitioners are aggrieved by the order passed by the first respondent Karnataka Board of Wakfs which is at Annexure 'B' to the petition. By the said order made in exercise of the power conferred on the Board by Section 43-A of the Wakf Act, the management of the afore- mentioned Institution is taken over by the Board itself. As a result of which, the Chairman of the Committee appointed earlier by the Board has been directed to hand-over all papers and books connected with the management of the Institution concerned, to the Administrator appointed by the Board.

(2.) What is contended in this petition is that the Committee of Management appointed by order of the Board of Wakfs bearing the date 6th March, 1987, was a duly constituted Muthavali within the meaning of that expression as defined in the Wakf Act and that order dated 6th March, 1987 is in purported exercise of the power under Section 42 and therefore, She Wakf Board cannot, in law, assume power of direct management under Section 43-A of the Act unless and until the committee appointed by the order of 6th March, 1987 is removed in terms provided under Section 43 of the Act for any proven misconduct after enquiry.

(3.) It is difficult to accept the argument advanced for the petitioners. Annexure 'A', which is the source of the authority, specifies that there was a series of earlier committees appointed by the Board of Wakfs in Karnataka to manage the affairs of the Institution in question. All those committees held office during the pleasure of the Board of Wakfs in Karnataka. The operative portion of Annexure 'A1 reads as follows :- ORDER NO.KTW/CMC/49/KLR/86- 87 DATED 6TH MARCH, 1987. In view of the circumstances explained in the Preamble, the adhoc Committee constituted by the Board vide Order dated 24.1.1987 is hereby withdrawn. A new Adhoc Managing Committee consisting of following 19 members is constituted for the management of the said institution and its properties who shall function during the pleasure of the Board on the following terms and conditions. The Adhoc Managing Committee shall themselves elect the office- bearers."