NEELAM CHADAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present revision challenging the order dated 26/09/2017 passed by the Waqf Tribunal, Bhopal in Suit/case No.155/2015 thereby dismissing the application preferred by the petitioner under Order 1 Rule 10 of the CPC.

(2.) Respondent No.7/plaintiff has filed a suit under Section 83(2) of the Waqf Act before the Waqf Tribunal Bhopal. According to the plaintiff, the said civil suit was filed by him in pursuance to the direction issued by this Court in writ petition No.16649/2014 (PIL) (Lt. Col. H.K.Janbaaj Vs. State of M.P. and others) which was disposed of vide order dated 08/09/2015.

(3.) The facts of the case are that the respondent Mutawali Committee Intejamia Auquaf E-Amma was constituted by the Waqf Board by communication dated 14/08/2013 wherein the petitioner was appointed as Vice President in the committee. The constitution of the committee was challenged by the previous President under the provision of Section 94 of the Act. The said application was dismissed vide order dated 03/10/2013. Being aggrieved by that order, a civil revision No.404/2013 was filed before this Court, which was also dismissed as having been rendered infructuous vide order dated 18/08/2015. Thereafter, the Chairman of the Committee was elected as the President of the Mutawallis' in election of the Waqf Board and was elected as member of Waqf Board. The Waqf Board, thereafter, constituted vide Notification dated 04/12/2013. The election of the Waqf Board was challenged by different parties before this Court in different writ petitions. The plaintiff had also filed a writ petition No.16649/2014 in which the petitioner was not impleaded as a respondent. The said writ petition was disposed of vide order dated 08/09/2015. In pursuance to the direction issued by this Court, the plaintiff has filed a civil suit under Section 83(2) of the Act. In the said civil suit, the plaintiff has alleged certain personal allegations against Waqf Board for constitution of the defendant Inzamia Committee/Management Committee. Ultimately the committee was constituted wherein the petitioner is appointed as a Vice President. In the said application, the plaintiff has claimed the relief against the order of Waqf Board and defendant No.3 Mutawali Committee Intezamia Auquaf E-Amma's President. The plaintiff has also prayed for quashment of election result notification dated 04/12/2013 whereby the defendant No.3 is nominated as a member of the Waqf Board. During the pendency of the election petition before the Waqf Tribunal, the petitioner learnt that if any order affecting the constitution of the Intezamia Auquaf E-Amma dated 14/08/2013 is passed and any adverse remark is made against the committee his appointment will be directly affected. Therefore, the applicant had filed an application under Order 1 Rule 10 of the CPC before the Tribunal. The respondents have opposes the said application. The tribunal by the impugned order dated 26/09/2017 has dismissed the said application on the ground that the plaintiff has not claimed any relief against the applicant. The petitioner has failed to show how his interest would be affected if the said order has been set aside. Being aggrieved by that order, the petitioner has filed the present petition before this Court.