SHAHUL HAMEED Vs. KERALA STATE WAKF BOARD

JUDGEMENT

(1.) The common issue arising in all these four writ petitions is regarding the election to the Managing Committee of Kuzhikkattumoola Mahallu Muslim Jama-ath. The contest is mainly regarding the entitlement of members of the Athani Juma Masjid to vote in the election proposed to the Managing Committee of the Kuzhikkattumoola Mahallu Muslim Jama-ath.

(2.) O.P.No.132 of 2017 had been filed before the Waqf Board seeking election to the above said Jama-ath. The Waqf Board had appointed Adv.Mohammed Shafi as the Returning Officer, as per order dated 30.7.2017. O.P.No.152 of 2018 had also been filed before the Waqf Board seeking appointment of an interim Muthavalli. Waqf Board appointed an interim Muthavalli.

(3.) W.P.(C)No.8206 of 2019 was filed before this Court by the Kuzhikkattumoola Mahallu Muslim Jama-ath and two others. The writ petition was filed contending that voting right should be restricted to persons who are entitled to vote as per the bye-law of the year 1973. This Court by its judgment dated 6.6.2019, which has been produced as Ext.P6 in W.P.(C)No.7709 of 2020, held that identification of persons having a right to participate in the election process has to be determined with reference to the bye-law. Since Sri Mohammed Shafi, who had been appointed as Returning Officer by the Waqf Board, expressed his unwillingness to continue, this Court directed the Waqf Board to appoint a competent person in the place of Mr.Mohammed Shafi.