SUBAIR M Vs. THALIPARAMB JUMA

JUDGEMENT

(1.) The plaintiff in O.S. No. 22 of 2018 before the Wakf Tribunal, Kozhikode has filed this revision petition challenging the order dated 12.04.2018 in I.A. 422 of 2018, rejecting his prayer for an injunction restraining the 4th respondent-the Returning Officer from conducting election of the office bearers of the 1st respondent society.

(2.) The Wakf Board had appointed the 4th respondent as the Returning Officer for election of the working committee, which should consist of 18 members. It is stated that the 4th respondent initiated proceedings for election publishing election notification on 01.02.2018. Petitioner had submitted nomination for election as a member of the working committee of the 1st respondent. The last date fixed for withdrawing nomination was 20.03.2018. The case of the petitioner is that he did not withdraw his nomination and the Returning Officer had not published the final list of candidates. The election was not conducted on 01.04.2018, as scheduled. Petitioner claimed that the 4th respondent issued a notice on 08.04.2018 for election of the office bearers of committee to be conducted on 12.04.2018. On coming to know about this, unaware of the reason for rejection of his candidature, petitioner filed the original suit before the Wakf Tribunal seeking a mandatory injunction cancelling the removal of the name of petitioner from the final list of candidates and seeking a permanent perpetual injunction restraining the 4th respondent from convening the meeting for election of the office bearers of the 1st respondent committee. Along with the suit, he filed I.A. No. 422 of 2018 for a temporary injunction restraining the Returning Officer from convening the meeting scheduled on 12.04.2018 for election of the officer bearers of the 1st respondent. It is stated that the election was not conducted as scheduled on 12.04.2018 or thereafter.

(3.) The Tribunal heard the petitioner, the Returning Officer as well as respondents 6 to 9, who got impleaded.