K A HYDROSE Vs. P V SAINUDDIN

JUDGEMENT

(1.) UNDER challenge in this Writ Petition filed under Article 227 is the order of the Wakf Tribunal dismissing I.A.76/09 in Election Petition No.1/08. I.A.76/09 was a petition for calling for the ballot papers pertaining to the disputed election. It is conceded by both sides that in view of the recent judgment of the Supreme Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010 (3) KLT 862 (SC), the Election Petition itself will not be maintainable before the Wakf Tribunal. UNDER the above circumstances, we formally set aside the impugned order and dispose of the Writ Petition directing the Wakf Tribunal to take a fresh decision not only in the I.A. but also regarding the maintainability of the Election Petition in the light of the judgment of the Supreme Court cited supra.