C M Z MUSLIAR Vs. ABOOBACKER

JUDGEMENT

(1.) This Writ Appeal has been filed by the additional fourth respondent in O.P. No. 9323/90. The Original Petition was filed by A.P. Aboobakker Musaliyar, who is the first respondent in the appeal. The Original Petition was filed challenging Ext. P3 proceedings passed by the District Registrar (General), Kozhikode.

(2.) The appellant is the General Secretary of the Samastha Kerala Jemeyyathul Ulama (hereinafter referred to as 'the Samastha'). The Samastha had its genesis as an unregistered organisation of Muslim Religious Pundits in Kerala constituted in 1925 for the purpose of diffusion of religious teachings to the Sunni Muslims in Kerala and outside. The organisation was later registered under the Societies Registration Act and the registration number is 5-1/1934-35.

(3.) The objects of the 'Samastha' is contained in the Memorandum of Association and the Rules and Regulations. The Apex Body of the Samastha is a body of 40 persons, who have deep knowledge in religious studies elected by the General Committee, which is known as 'Musavara'. The 'Musavara' is originally elected by the General Committee from the persons who are highly qualified in religious learning and is almost a permanent body. The vacancies in the Musavara are filled up by the General Committee on the recommendation of the Musavara. No election of Musavara members is prescribed to be conducted regularly or periodically.