MANAGEMENT COMMITTEE OF WAQF Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) <DJG>B.S.Verma, J.</DJG> Heard learned counsel for the parties and perused the record.

(2.) By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the advertisement/notice dated 3-4-2010 issued by respondent no. 2 published in daily Amar Ujaja (Annexure-1 to the writ petition). The petitioners have further sought a writ in the nature of mandamus commanding the respondent no. 3 to include the name of the petitioner no. 2 in the electoral roll published by the respondent no. 3 for the purpose of election of two members among Mutawallies of Wakf Board of Uttarakhand having an annual income of Rs. 1 Lakh and more, as required under Section 14(1)(b)(iv) of the Wakf Act (for short the Act).

(3.) Briefly stated the facts giving rise to the present writ petition are that for the composition of Uttarakhand Wakf Board, respondent no. 3 has been appointed as Election Officer for election of two seats of Mutawallies as required under Section 14(1)(b)(iv) of the Act as two members are to be elected from the Electoral College consisting of Mutawallies of the Wakfs having an annual income of Rs. One lac and above as per Section 14 of the Act. The petitioner no. 2, according to the petitioners, is the secretary of the managing committee of Wakf No. 130, known as Dargah Baba Jamal Sah, Dehradun and petitioner nos. 3 to 6 are the members of the said Wakf and petitioner no. 1 is the managing committee. The committee of management was appointed by the Uttarakhand Wakf Board vide letter dated 2-6-2008.