N AHMED GANI Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) IT has been stated that the petitioner is the President of the management committee of Dasthagir Sahib Jamia Mosque and Endowments, Saidapet, Chennai. It has been further stated that the mosque wakf is managed by a committee of elected persons from the Jamaath, based on the list of voters prepared by the mosque wakf and ratified by the third respondent. The elections to the mosque wakf has been announced by the first respondent, without finalising the voters list.

(2.) IT has been further stated that the voters list, as it exists, is outdated. Several voters have either died or shifted their residence. Further, names of females are also found in the voters list, even though they do not have any right to vote in the elections to the managing committee and the other office bearers of the mosque wakf. The voters list is of the year, 2006. It has not been updated by the first respondent, as it should have been done, before the announcement had been made for the elections to the mosque wakf. Even though several representations had been sent by the Jamathars, the first respondent had not responded, by preparing a fresh list of voters, before announcing the elections to the mosque wakf. It had also been stated that, in spite of the direction issued by this Court, by its order, dated 15.11.2010, in W.P.No.25347 of 2010, the respondents had not revised the voters list, before announcing the elections to the mosque wakf.

(3.) THE learned counsel appearing on behalf of the petitioner had stated that the decision of the first and the third respondents, to hold the elections to the mosque wakf, without updating the voters list, is arbitrary, illegal and void. He had also submitted that the respondents ought to have considered the representations submitted by the petitioners and the other Jammathars to redraft and to prepare a fresh voters list, by deleting the names of dead persons, persons who had shifted their residence and of females, who are not eligible to vote in the elections to the mosque wakf.