SYED MAZHAR HUSSAIN Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner challenging the proceedings of the 1st respondent dtd. 3/12/2021 made in Proc.No.619/99/B9/Chen, pursuant to the resolution of the Wakf Board dtd. 28/10/2021.

(2.) The Dadashamakkan Wakf, Perambur, Chennai is a registered and notified Wakf governed by a scheme framed by the Wakf Board. As per the scheme, the Wakf shall be managed by an Executive Committee elected once in three years by the Beneficiaries. As per Clause 9 of the Bye-laws, Selection/Election of Office Bearers will be within 7 branches and each branch will select/elect 2 members from their respective branch only. Elected 14 members are entitled to select/elect the Office Bearers in the presence of Wakf Board officials with prior permission of the Tamil Nadu Wakf Board. The members of the committee will be appointed in the presence of Wakf Board official at a meeting of beneficiaries of the Wakf, by the resolution of the majority of the members present and entitled to vote. On 3/10/2021, elections were conducted by the 3rd respondent as per the Bye-Laws. Some of the candidates produced alleged consent letters of the beneficiaries to have proposed their names. The said beneficiaries were not present on the election date before the Election Officer. The Election Officer declined to accept the consent letters, as the same were not in consonance with Clause 9 and 12 of the Bye-Laws. The 2nd respondent orally instructed the 3rd respondent not to declare the results on 3/10/2021. The successful candidates, on coming to know of the same, approached the 1st respondent. The 1st respondent directed the 3rd respondent to declare the results as per law and not to withhold the results. In pursuant to the direction of the 1st respondent, the 3rd respondent declared the results on 8/10/2021. After following the procedure, 14 members were elected. The Office Bearers were also elected. The petitioner was elected as a Treasurer. While so, the 1st respondent, by the impugned proceedings dtd. 3/12/2021, in pursuance to the resolution of the Wakf Board dtd. 28/10/2021, ordered fresh election. Challenging the said order, the petitioner has come out with the present Writ Petition.

(3.) The learned counsel appearing for the petitioner submitted that once the list of elected members is forwarded to the 1st respondent, the 1st respondent has to approve the same. The 1st respondent has no power to order fresh election. Fresh election ordered, based on the representation of the unsuccessful candidates, is not valid. Once election is conducted in the presence of Wakf Officials, the list of Office Bearers must be approved by the Wakf Board. There is no power for the Wakf Board to order fresh election. The impugned order is passed without jurisdiction and authority, based on the representation of the candidates. The unsuccessful candidates ought to have approached the Wakf Tribunal and impugned order is without jurisdiction. As per Clause 9 of Bye-laws, the beneficiaries must be present and they should caste their vote. This procedure was followed in the previous election also. The consent letters produced were rightly rejected by the Election Officers, as the same is contrary to the Bye-Laws. The learned counsel appearing for the petitioner further submitted that no notice was served on the petitioner and without any enquiry, the present impugned order has been passed. The notice is affixed only in the notice board of the Dargah and it was not affixed in the residence of the petitioner. The learned counsel appearing for the petitioner further contended that it is not correct to state that notice was served on the petitioner through Whatsapp, as the petitioner is not using Whatsapp. The 8th respondent filed O.A.No.100 of 2021, challenging the notice issued for enquiry. In view of the impugned order passed, the said O.A. was dismissed as infructuous. In any event, the impugned order is illegal, in violation of principles of natural justice and without jurisdiction and the same is liable to be set aside and prayed for allowing the Writ Petition.