IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18653 of 2009(B) -------------------------- OP.14/2009 of WAKF BOARD, ERNAKULAM .................... PETITIONER: --------------- ABDUL MAJEED,S/O.K.K.KUNJU MOHAMMED, AGED 41 YEARS,RESIDING AT KUNNAMKULATH HOUSE, THURUTHEPARAMBu ROAD, VAZHAKKALA,KAKKANAD, KOCHI-21. BY ADV. SRI.T.U.ZIYAD SMT.P.K.RAMEENA SMT.C.B.ANUROOPA RESPONDENTS: --------------- 1. M.M.NASAR,S/O.MUHAMMED, 37 YEARS, MURIANGARA VEEDU, T.V.CENTER,KAKKANAD, KOCHI-682037. 2. M.N.ABDUL KAREEM,S/O.NAINA,42 YEARS, MURIANGARA VEEDU,T.V.CENTER,KAKKANAD, KOCHI-682037. 3. KAREEM.P.K,S/O.KOYAKUTTY,48 YEARS, PADANAD,T.V.CENTER,KAKKANAD,KOCHI-682037. 4. K.M.ISMAIL,S/O.ALI,KILIYANGAL VEEDU, MAVELIPURAM,KAKKANAD,KOCHI-30. 5. FAISAL.C.U,S/O.UNNI,36 YEARS,CHITTETH VEEDU,VAZHAKKALA SOUTH,KAKKANAD,KOCHI-36. 6. PADAMUGHAL MAHALLU MUSLIM JAMA ATH, COMMITTEE,PADAMUGHAL REPRESENTED BY SECRETARY, M.M.ABDUL KAREEM. WP(C).No. 18653 of 2009 -2- 7. ADVOCATE E.A.ABOOBAKER,PRESIDENT, PADAMUGHAL MAHALLU MUSLIM JAMA ATH,COMMITTEE, PADAMUGHAL,THRIKKAKARA.P.O,KOCHI-21. 8. M.A.ABDUL KAREEM,SECRETARY,PADAMUGHAL MAHALLU MUSLIM JAMA ATH COMMITTEE, PADAMUGHAL, THRIKKAKARA.PO,KOCHI-21. 9. M.K.ABDUL RAHIMAN,TREASURER,PADAMUGHAL MAHALLU MUSLIM JAMA ATH, COMMITTEE,PADAMUGHAL, THRIKKAKARA.PO,KOCHI-21. 10. KERALA STATE WAKF BOARD,REPRESENTED BY ITS CHIEF OFFICER, VIP ROAD,KALOOR,KOCH-682017. 11. MANSOOR ALI-ADVOCATE,RETURNING OFFICER FOR PADAMUGHAL MAHALLU MUSLIM,JAMA ATH, COMMITTEE,PADAMUGHAL,THRIKKAKARA.PO,KOCHI-21. 12. ABDUL SALIM,S/O.T.P.MOHAMMED,THAIKOODAM, VAZHAKKALA,THRIKKAKARA POST,KAKKANAD. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R-10 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 18653 of 2009 -------------------------- Dated this the 3rd July,2009 J U D G M E N T Petitioner claims to be a beneficiary of 6th respondent Wakf. Respondents 1 to 5 have approached the Wakf Board for a direction to conduct the elections of the 6th respondent, Jama-ath Committee. Respondents 7 to 9 are the office bearers of the 6th respondent. On 10.2.2009, the Wakf Board appointed an Advocate as returning Officer for the conduct of the election. It is thereafter the petitioner filed an application for getting himself impleaded as additional 5th respondent before the Wakf Board and the same was allowed. The Jama-ath published a draft voters list to which petitioner has filed serious objections. A mass petition was also submitted by the petitioner before the 11th respondent, the Returning Officer. 2. According to the petitioner, the voters list has been finalized without considering his contentions. He W.P ( C) No. 18653 of 2009 2 therefore moved an application before the Wakf Board for staying the election which are scheduled to be held on 4.7.2009. Application has been adjourned without passing orders and hence the writ petition. 3. Learned standing counsel for the Wakf Board submits that a complaint regarding the conduct of election can be raised even after the elections are held and therefore the mere fact that the elections are held as per the orders of the Wakf Board, will not take away the petitioner's right to challenge the same, if he is otherwise eligible. I find force in the submission. I make it clear that if elections are held to the 6th respondent, Jama-ath Committee, during the pendency of the proceedings in OP 14/09 on the files of the Wakf Board, such elections shall be subject to further orders to be passed by the Wakf Board in the said original petition and also subject to the result of O.P. 14/09. Subject to the above, writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No. 18653 of 2009 3 W.P ( C) No. 18653 of 2009 4