RAHMATULLAH KHALEEM Vs. ANDHRA PRADESH WAKF BOARD

JUDGEMENT

(1.) this writ appeal is directed against the order of our learned brother chennakesav reddy j. Dismissing the writ petition at the stage of admission. The matter relates to the Constitution of a Managing committee to the Azampura mosque which is a registered wakf Institution under the andhra pradesh Wakf Institution under the Andhra pradesh wakf Act 1954. At a general body meeting held on 9-5-1982 for the purpose of electing members to the Managing committee of the Mosque 16 persons including the appellant herein contested. Seven persons including the petitioner-appellant were declared elected as they got more votes than others. On 11-6-1982 the chairman Andhra Pradesh Wakf Board in proceedings No. 10/16/81-K nominated four our of the defeated candidates to be on the Managing committee of the Mosque. The Wakf board by its proceedings dated 15-6-1982 constituted the Managing committee with the 7 elected and the 4 nominated members and convened a meeting on 16-8-1982 for electing the president and the other office-bearers and directed the inspector Auditor, Wakf Board to preside over the said meeting. The meeting scheduled to be held on 16-6-1982 was postponed and after a fresh notice a meeting was held on 20-6-1982 at which the president was elected ant the president in his turn nominated the vice-president and secretary.

(2.) At this stage, the appellant filed the writ petition challenging the Constitution of the committee and the proceedings of the chairman. Wakf Board dated 11-6-1982 nominating the four defeated members respondents 2 to 5 herein to the Managing committee of the Mosque the main contention was that nomination of defeated members is bad in law and destructive of democratic process. The learned single Judge dismissed the writ petition holding that there is no error apparent on the face of the record or patent illegality in the constitution of the committee.

(3.) Assailing the validity of the said order, the petitioner preferred this appeal. Two others who were elected on 3-5-1982 to the managing committee of the Mosque filed the W.A.M.P. No. 1395 of 1982 to implead themselves as appellants. Since they are the members of the managing committee and as such vitally interested in the proceedings before this honourable Court, they are impleaded as appellants.