KUNHI MOIDEENKUTTY MUSALIAR Vs. KERALA WAKF BOARD

JUDGEMENT

(1.) The appeal is against the judgment of learned Judge in O.P. No. 1117 of 1975 dismissing the said writ petition. The writ petition was by the Muthawalli of Peringathur Mosque to quash Ext. P3 order of the Wakf Board, directing his removal from the Muthawalliship.

(2.) Two main grounds of challenge against the order were raised by the writ petitioner viz. that the order had not been passed by a majority of "not less than three fourth of the members of the Wakf Board", as required by S.43(4) of the Wakf Act 1954; and secondly that the Board was wrong in having taken into account the audit report which had not matured into an order passed by the Board as required and contemplated by S.34 of the Act. The learned Judge rejected both these contentions and dismissed the writ petition.

(3.) We are of the opinion that the first of the contentions of the petitioner appellant is sound and must be accepted and that the second is groundless and without force. S.43 clause (4) of the Wakf Act reads.