M VELLAMUTHU, S/O VELLAMANI RAVUTHAR Vs. MELARKOE MUHAYADEEN JUMA MASJID MAHALLU COMMITTEE REP BY ITS PRESIDENT NAZAR

JUDGEMENT

(1.) Melarkode Muhayadeen Juma Masjid Mahallu Committee represented by its president, Nazar by name, is the plaintiff in W.O.S 33/2018 on the file of the waqf tribunal, Ernakulam. The suit was filed against six defendants and the Waqf Board was later impleaded as the 7th defendant. The claim of Nazar that he is the president of the mahallu committee is disputed by defendants 1 to 6. One Abbas Ali filed W.O.S 35/2018 before the same tribunal against seven defendants including the Waqf Board (7th defendant). The first defendant, Abdulkader, is shown in the plaint in W.O.S 35/2018 as the president of the mahallu committee. The second defendant therein is the aforesaid Nazar.

(2.) The plaintiff in W.O.S 33/2018 filed IA 307/2018 seeking temporary injunction. The relief sought was to restrain defendants 1 to 6 from interfering with the administration of the mahallu committee. IA 326/2018 was filed by the plaintiff in W.O.S 35/2018 seeking temporary injunction restraining defendants 2 to 6 therein from causing any interference or disturbance to the first defendant therein in the administration and management of the mahallu committee. Neither in IA 307/2018 nor in IA 326/2018 the Waqf Board was made a party.

(3.) The allegations in the affidavit filed in support of IA 307/2018 may be summarised as under: The deponent of the affidavit, Nazar, is the president of the mahallu committee. Till recently there was no bye-laws for the administration of the mahallu committee. The practice being followed for the past several decades was that the general body would elect a committee of 21 members who would elect the office bearers including the president. 206 members of the jama-ath submitted a representation wanting to prepare a voters' list and to hold a general body meeting to elect the committee members. Accordingly a voters' list was prepared and published. A general body meeting was convened at 2.p.m on 25.4.2018. The general body elected a committee of 21 members including the deponent of the affidavit. He was elected as the president of the mahallu committee by the committee consisting of 21 members in the meeting held on 27.4.2018. Other office bearers were also elected on the same day. The office bearers have assumed charge of their respective offices. Defendants 1 to 6 are persons who attempted to derail the process of election. Being not successful in the attempt, defendants 1 to 6 started to obstruct the president and other office bearers from discharging their duties. Defendants 1 to 6 are to be prevented by temporary injunction from obstructing the administration of the mahallu committee.