RASHEED Vs. KHALID HAJI

JUDGEMENT

(1.) Is the Wakf Board acting under Section 32 of the Wakf Act an adjudicatory body Are the powers under Order 39 C.P.C available to the Wakf Board when it acts under Section 32 Can the Wakf Board pass interim orders while acting in exercise of its powers under Section 32 What are the powers of the Board when it acts under Section 32 These questions are raised for consideration before us.

(2.) These revision petitions are directed against a common order passed by the Wakf Tribunal. Proceedings were initiated before the Wakf Tribunal evidently under Section 83(2) of the Wakf Act challenging two separate orders passed by the Wakf Board. Both are described to be interim orders passed by the Wakf Board in an enquiry pending before it as E4-8360/07. The first impugned order dated 26/4/08 restrains the respondents herein from conducting an election to the Managing Committee until further orders. The second impugned order restrains the 1st respondent herein from convening a General Body Meeting on 22/6/08 and taking any decision in the said General Body Meeting. The Wakf Tribunal by the impugned orders set aside the orders.

(3.) A brief reference to vital facts may be essential. Thalassery Pazhaya Jumath Palli is a very old Muslim Mosque in Thalassery. There is virtually no dispute that it is a Wakf. The Wakf owns properties. It is submitted at the Bar that the Wakf is of ancient origin and the affairs of the Wakf were being managed from time to time by responsible Muthavallies. While so, a society was formed under the Societies Registration Act. The Memorandum of Association and bye- laws of the society clearly reveal that the society was formed for the purpose of duly administrating the Wakf. There is virtually no dispute before us that the Managing Committee of the society is now the Muthavaly in respect of the Wakf.