KILIKOLLOOR VALIYAPALLY MUSLIM JAMA Vs. MUHAMMED SHAFI

JUDGEMENT

(1.) This revision is filed challenging the legality, correctness and propriety of the findings in the impugned judgment passed by the waqf Tribunal, Kozhikode in O.S.No.21 of 2012 filed by respondents 1 to 6 herein. The parties are referred to as in the original suit.

(2.) The aforesaid original suit was filed by the plaintiffs seeking a declaration that defendants 2, 3 and 23 are not eligible to become the office-bearers or working committee members of the 1st defendant jama-ath and defendants have no right to amend the by-law of the 1st defendant jama-ath in violation of the provisions of the by-law and waqf law and to set aside the election conducted on 25.12.2014.

(3.) The averments in the plaint can be summarized in brief as follows: The petitioners are the beneficiaries of the 1st defendant jama-ath and respondents 2 to 22 are the committee members and office-bearers of the jama-ath as per the election conducted in 2014. The 1st defendant jama-ath is a registered waqf under the waqf Board and governed by the written by-law. The working committee was also elected from the 21 elected committee members and defendants 2 to 6 are the office-bearers in the election conducted by the 24th defendant, the Returning Officer. P.W.22 is the nominated member and Defendant No.25 is the waqf Board. The President has the right to co-opt a representative and the 23rd defendant was elected to the committee in exercise of that power. However, it is averred that as per the by-law, if anybody collected fund from general public as convener of sub-committee, they have to submit account and publish the expenditure properly within three months from that date and if not, they shall not be eligible to be elected as per the working committee. The 2nd defendant, who was elected to the jama-ath and thereafter to the working committee, has a dues of Rs. 18,040/- and the said amount was pending due from 2000 onwards in connection with the jilanee offering and also he has not submitted or published any such account in connection with the aforesaid jilanee offering. Similarly, the 23rd defendant, who is a nominated member also has dues towards jama-ath and he has not filed or published the accounts in respect of jilanee offering conducted in the year 2002. The 3rd defendant, without considering or pointing out the pendency of the aforesaid dues towards jama-ath from defendants 2 and 23, permitted them to contest the election, though, all of them were not eligible to become a committee member as per the by-law. That apart, as per the by-law, the power of the committee is one year, but the defendants are trying to amend the by-law without obtaining the permission of the general body. They have no right to amend the by-law without permission of the waqf Board. The said amendments are intended to be made to extend their tenure. With the aforesaid averments, they prayed for the reliefs referred above.