JANAB IMTIAZ ALI Vs. KARNATAKA BOARD OF WAKFS

JUDGEMENT

(1.) The petitioner has presented this petition questioning the legality of the order made by the Wakf Board appointing a Managing Committee consisting of five persons for managing the affairs of Darga Hazrath Kambafposh Shah Khadri, Bangalore, and also purporting to remove the Managing Committee of the Darga.

(2.) The facts of the case, in brief, are as follow : The second respondent- institution was established in the name of Holy Saint Hazrath Syed Shaw Mohi- dden Shah Kadri Kambolposh who was a preacher of Islam in the early parts of 19th Century. This institution was dedicated for the benefit of Muslim community in general and in particular to the Muslim community who reside in Broadway locality, Bangalore, In Original Suit No. 89/1952-53, the District Judge, Civil Station, Bangalore, framed a scheme for the management of the institution on 19-9-1960. According to the Scheme, a managing committee consisting of 15 persons is required to be elected once in three years. The provision relating to election is contained in Section 24 of the Scheme. It reads ; "Section : 24 - Elections : The election of the muntazima shall be conducted once in three years. Three months before the expiry of the 3rd year the mun azima the in office shall appoint an election committee to hold elections of the institution. The committee snail consist of 5 members three members shall be non-residents and 2 residents of broadway locality who would not participate in the ensuing election. The munt zima shall place at the disposal of this committee for defraying the expenses of the election necessary funds Election committee shall be independent of the muntazima.

(3.) At least one month prior to the date proposed for holding the election the election committee shall publish a table of events and shall call for nomination papers from the candidates along with such fee as it would decide at its discretion.