SAYED MOHAMED NOOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission and interim relief. Issue notice to the respondents. Shri Umesh Gajankush, learned Addl. Advocate General accepts notice on behalf of respondent No.1. Shri Prabhal Bhargav, learned counsel accepts notice on behalf of respondents No.2 and 3. Reply, if any, be filed within two weeks.

(2.) Vide Annexure P/2, the list of Wakf having annual income more than Rs.1,00,000.00 was published as on 15/6/2022, in which, name of the committee of the present petitioner is at Sr. No.63 and the name of the petitioner is shown in Column 3 as Mutawali/President of the Committee. The petitioner was President of the Committee whose term expired, but the same was extended for three years vide Annexure P/1. Now, a fresh list has been published by the respondents vide Annexure P/8 in which the name of the Committee as well as the petitioner both have been removed, hence the present petition is filed before this Court. Learned counsel appearing for the respondent submit that since the term of the committee of which the petitioner was President has come to an end, therefore, the name of the Committee as well as petitioner have been removed from the list published u/s. 14 of the Waqf Act, 1995 (Amended in 2013). U/s. 14 of the Waqf Act, the Waqf having annual income of more than Rs.1,00,000.00 is to be included and on behalf of the Committee either the President of the Committee or Mutawalli can cast vote. Sec. 37 of the Waqf Act provides that the Board shall maintain a register of auqaf and the particulars viz. the class of the waqf; name of the Mutawalli; etc. shall be there. It is not in dispute that the income of the Committee of the petitioner is more than Rs.1,00,000.00 as the name of the petitioner is reflecting in the earlier list.

(3.) In view of the above, the name of petitioner's Waqf - Dargah Mugisuddin Saheb Ujjain, 1/1, Ram Ghat Marg, Chhoti Todi, Ujjain be included in the voters list and the name of the petitioner be reflected as Mutawalli and he be permitted to participate in the election. It is made clear that this order shall not create any right in favour of the petitioner. C.C. as per rules.