A HAMMED KUTTY Vs. SALIM A

JUDGEMENT

(1.) Original petition as well as the CRP has been filed challenging Ext.P12 order [produced in OP(WT) No.62/17] by which the Wakf Tribunal has passed an order in IA No.536/2017 in OS No.43/2016 directing the returning officer to prepare separate voters' list of Jama ath members based on the voters' list to be prepared in terms of 1957 bye law and 2008 bye law and to conduct election in two separate ballet boxes and thereafter to produce the same before Court in sealed cover and further directing that the result of the election will be declared subject to the decision in the suit.

(2.) Os No.43/2016 has been filed seeking for a direction that the election of the Jama ath is to be conducted on the basis of the existing bye law. In the plaint, a copy of which is produced as Ext.P5, it is contended that the plaintiffs are the members of the first plaintiff Jama ath. The Jama ath had been registered with the Wakf Board and Jama ath is functioning pursuant to bye law approved and registered as Q 610/2008 (hereinafter referred to as the 2008 bye law) . As per the bye law, the Committee is elected for a period of three years and the tenure of the committee expired on 1/6/2016. Though a General body was convened on 2/10/2016, on account of certain issues made by defendants 2 and 3, the meeting could not take place. Taking into account the aforesaid factual situation, the suit came to be filed seeking for a direction to conduct an election through an Advocate Commissioner and for other ancillary reliefs.

(3.) The 7th defendant in his written statement has taken a contention that the 1957 bye law still holds the field and that the 2008 bye law cannot be accepted. The defendant has also contended that the right of members to vote in the meeting as per 1957 bye law had been substantially reduced which is not conducive to the members of the Jama ath. It is also mentioned that a suit as OS No.6/17 had been filed for a declaration that the bye law of the Jama ath continues to be the 1957 bye law which is also pending consideration.