LAWS(MAD)-2019-11-634

MUSLIM JAMMATH Vs. TAMIL NADU WAKF BOARD

Decided On November 11, 2019
Muslim Jammath Appellant
V/S
TAMIL NADU WAKF BOARD Respondents

JUDGEMENT

(1.) The order under challenge in this Writ Petition is the appointment of additional members to the Adhoc Committee by the first respondent Waqf Board.

(2.) Originally, the first respondent appointed Sub-Committee for a period of three years vide proceedings in Na.Ka.No.12873/97/A5, Pudukkottai, dated 28.08.2018. The Committee was approved vide proceedings in br.K.Miz /12873/97/M5/ dated 29.08.2018. Thereafter, 9 members from the said Committee have resigned on their own volition. Thus, the remaining 22 members were approved for a period of three years till 27.08.2021. After that, it appears that additional 21 members were appointed by Special Resolution No.13, dated 06.03.2019 to function till 27.08.2021. While doing so, the Waqf Board has directed to elect President, Secretary and Treasurer from among the total number of 43 members.

(3.) The contention of the petitioner is that while making modification, no notice was issued to them and it was done with an oblique motive to defeat the power of the office bearers of the first Committee. In fact, no representation was received from anyone. Therefore, the attempt of the first respondent is mala fide and hence, the order impugned is liable to be set aside.