ASIF ALI SHAIKH HUSSAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner filed the present writ petition for a writ of certiorari to quash the order dated 16.10.2018 passed by the 3rd respondent in Case No.ELN/CR/44(14)/2018-19 as per Annexure-L and the writ of mandamus directing the 3rd respondent to permit the petitioner to vote, contest and participate in the upcoming Election of Karnataka State Board of Auqaf under the category of Muslim member of the Bar Council (Karnataka State) for membership of Karnataka State Board of Auqaf as per Section 14(1)(b)(iii) of the Waqf Act, 1995 by including the name of the petitioner in the final voters' list at Annexure-M.

(2.) It is the case of the petitioner that election to the 4th respondent Karnataka State Bar Council was conducted on 27.3.2018 and petitioner is the only Muslim candidate who has been declared as elected out of 25 members of the 4th respondent Bar Council and his name appeared at serial No.12 in the result sheet - Annexure-A dated 7.7.2018. He being elected as the member of the 4th respondent Bar Council has made an application under Form No.20 to the Bar Council Electoral College on 7.8.2018. In pursuance of the said application, the 4th respondent Bar Council has registered the name of the petitioner in the Electoral College of the 4th respondent - Bar Council as a Muslim Member and also issued Form No. 21C. It is further contended that the 3rd respondent being Electoral Registration Officer to the election of the Respondent No.2 Karnataka State Board of Auqaf has issued notification dated 3.8.2018 calling eligible persons to get themselves registered as voters of Respondent No.2 Board on or before 9.8.2018.

(3.) The petitioner submitted application for registration of his name as a sitting Muslim Member of the Bar Council of Karnataka as contemplated under Section 14(1)(b)(iii) of the Waqf Act, 1995. In pursuance of the said application made by the petitioner, the 3rd respondent Electoral Registration Officer has entered the name of the petitioner in the Draft Electoral College of Muslim Member of the Karnataka State Bar Council. The Respondent No.5 filed objections for the enrolment of the membership of the petitioner in the category of sitting member of the Bar Council of Karnataka on the ground that the Hon'ble Supreme Court in its order dated 23.3.2018 in Transferred Case Civil No.(S) 126/2015 has held that the results of the election to the Bar Council cannot be published in the official gazette until all the complaints which are pending before the election tribunal are disposed of.