THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 20206 of 2008 O r d e r: The petitioner claims to be the President of the Managing Committee of Masjid-e-Sultan Bagh and Grave Yard (hereinafter referred to as ‘the Masjid’) and a voter, eligible to participate and contest in the elections for the constitution of the Wakf Board. He on his behalf and on behalf of the larger interest of the Muslim Community, filed the writ petition, praying for the following relief: To issue an appropriate Writ, order or direction, more particularly in the nature of Mandamus, declaring that the Election Programme issued in G.O. Ms. No. 36, Minorities Welfare (Wakf-I) Department, dated 18.12.2007, confining the election to the category of Mutawallies/Managing Committees is contrary to G.O. Ms. No. 34, Minorities Welfare (Wakf-I) Department, dated 15.12.2007 issued for the purposes of conduct of election to all the categories as contemplated under Section 14 of the Wakf Act, 1995 and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. On 09.06.2005, the Wakf Board issued election notification for holding elections to the Managing Committee of the Masjid, headed by the petitioner. The Election Officer, issued the election schedule on 20.06.2005, and elections to the Managing Committee were conducted on 03.07.2005. The Managing Committee, headed by the petitioner, was elected for a term of two years w.e.f. 22.10.2005. At this point of time, the government amended Rule 4(4)(a)(ii) of A.P. State Wakf Board Conduct of Election Rules, 1996 (for short ‘the Rules’) by issuing G.O. Ms. No. 30, dated 29.06.2005. Questioning the said amendment, the President of Jamia Masjid, filed a writ petition in W.P. No. 14496 of 2005, contending that by virtue of the said amendment, he being the President of the said Masjid, was disqualified from contesting elections to the posts of Members of the Wakf Board, under the category of Mutawallies, as provided under Section 14 of the Wakf Act, 1995 (for short ‘the Act’). A Division Bench of this Court, while admitting the said writ petition, by order dated 16.03.2006, suspended the impugned G.O. effecting amendment to the Rules, and by reason of the said order, elections to the Wakf Board, stood stalled, and as a consequent thereof, the Wakf Board could not be constituted. During the pendency of the above writ petition, the two-year term of the Managing Committee of the Masjid, headed by the petitioner came to an end on 21.10.2007. Before the expiry of the two- year period, the petitioner states that they made a representation dated 21.09.2007, requesting the Wakf Board, to extend the term of the Managing Committee, but no orders were passed thereon by the Wakf Board. While the matters stood thus, writ petition in W.P. No. 14496 of 2005, filed by the President of the Jamia Masjid, questioning the amendment made to A.P. State Wakf Board Conduct of Election Rules, 1996 effected vide G.O. Ms. No. 30, dated 29.06.2005, was disposed of by a Division Bench of this Court vide orders dated 07.11.2007, quashing the amendment. The said order was reported as Abdul Khadeer Beig v. Govt. of A.P.[1]. A Division Bench of this Court while allowing the said writ petition, held that since elections to the Wakf Board are said to have not been held for more than two years, felt that elections may be held within two months. Pursuant to this order, the government issued election notification for reconstitution of the Wakf Board on 18.12.2007, the scheduled commenced from 29.12.2007 and the date for declaration of the result was fixed as 16.01.2008. In pursuance of the above order, the government issued G.O. Ms. No. 36, dated 18.12.2007, for conducting elections to the posts of Members of the Wakf Board under the category of Mutawallies. Though in this writ petition, the petitioner questioned the said election notification issued by the government, as being contrary to the orders issued by them earlier in G.O. Ms. No.34, dated 15.12.2007, but at the time of arguments, the learned counsel for the petitioner submitted that the petitioner is aggrieved by the action of the respondents only to the limited extent of making him ineligible to contest the elections to the post of Member of the Wakf Board, on the ground that he is not a voter and not part of the electoral college. The learned counsel for the petitioner submits that since the Wakf Board, vide orders dated 12.02.2008, extended the period of the Managing Committee of the Masjid, of which the petitioner is its President, by one year with retrospective effect from 22.10.2007, duly regularizing the gap period, and the term of the Managing Committee of the Masjid, headed by the petitioner, being in force upto 21.10.2008, having regard to the judgment of the Division Bench of this Court in Abdul Khadeer Beig v. Govt. of A.P., wherein it was held that the existing committees that are existing as on the date of notification issued in terms of Section 14 of the Act and the date of actual polling, should be held to be entitled to be part of the electoral colleges, the petitioner should be treated as a voter and part of electoral college, and thereby should be permitted to file nomination to contest elections to the post of Members of the Wakf Board under the category of Mutawallies. On the other hand, the learned Special Government Pleader representing the learned Advocate General for respondent No.1- government and the learned Standing counsel for respondent No.2- Wakf Board submitted that the two year term of the Managing Committee of the Masjid, headed by the petitioner expired on 21.10.2007. Pursuant to the orders of the Division Bench of this Court Abdul Khadeer Beig v. Govt. of A.P., the government issued election notification for elections for constitution of the Wakf Board on 18.12.2007, the schedule was fixed on 29.12.2007, and elections for electing Members to the Wakf Board in the category of Mutawallies, were held on 16.01.2008. The petitioner, earlier filed writ petition in W.P. No. 389 of 2008 questioning the action of the respondents in not including the name of the petitioner in the electoral rolls published for the purpose of conducting elections to the posts of Members of the Wakf Board, and on the representation made by the counsel for the petitioner, this Court by order dated 18.02.2008, dismissed the same as having become infructuous. In fact, the government in terms of the order of the Division Bench of this Court in Abdul Khadeer Beig v. Govt. of A.P., has issued the election notification. Since as on the date of issuance of notification under Section 14 of the Wakf Act and on the date of actual polling, the Managing Committee, headed by the petitioner was not in existence, the name of the petitioner was not included in the electoral list. And inasmuch as by the date, the Wakf Board extended the term of the petitioner by one year, elections to the posts of Members of the Wakf Board under the categories of Mutawallies was already held, except announcement of the results, which were withheld because of the interim orders passed by this Court, they submitted that the petitioner, cannot claim that he should be recognized as a voter, enabling him to contest the elections to the posts of Members of the Wakf Board under the category of Mutawallies, by filing nomination. Heard the learned counsel for the petitioner, the learned Special Government Pleader representing the learned Advocate General for respondent No.1-Government and the learned Standing Counsel for respondent No.2-Wakf Board. In the light of the arguments advanced, the following question does arise for consideration in the writ petition: Whether by reason of the order dated 12.02.2008, passed by the Wakf Board, extending the term of the Managing Committee of the Masjid, headed by the petitioner, by one year, which expired on 21.10.2007, the petitioner is entitled to be recognized as a voter, enabling him to participate in and contest the elections to the posts of Members of the Wakf Board, in pursuance of the election notification issued by the government on 18.12.2007? Admittedly, the term of the Managing Committee of the Masjid, headed by the petitioner, expired on 21.10.2007. Admittedly, the government issued the election notification on 18.12.2007 in terms of the orders of the Division Bench of this Court in Abdul Khadeer Beig v. Govt. of A.P. The Division Bench of this Court, with a view to avoid uncertainties made it clear that “the committiees that are existing as on the date of notification issued in terms of Section 14 of the Act, and on the date of actual polling, should be held to be entitled to be part of the electoral colleges”. From this order of the Division Bench, it is clear that the committees that are in existence as on the date of issuance of election notification and on the date of actual polling, are entitled to be part of the electoral college. As stated supra, the term of the Managing Committee, headed by the petitioner, expired on 21.10.2007. On 18.12.2007, the government issued the election notification, the schedule was fixed on 29.12.2007, and elections to the posts of Members of the Wakf Board under the category of Mutawallies, were held on 16.01.2008. As on these two crucial dates, fixed by the Division Bench of this Court in the above order, the Managing Committee, headed by the petitioner, was not in existence, and therefore, the name of the name of the petitioner, was obviously not included by the respondents in the electoral list. Though the Wakf Board vide order dated 12.02.2008, extended the term of the Managing Committee of the Masjid, headed by the petitioner, by one year with retrospective date i.e. from the date on which the two-year term expired, the fact remains, by the time the election notification issued and elections were held, the Managing Committee of the Masjid, headed by the petitioner, technically speaking was not in existence, and as such, as per the orders of the Division Bench of this Court, the name of the petitioner, could not be included in the electoral list, and rightly so. Therefore, the extension of the period of term of the Managing Committee of the Masjid, headed by the petitioner, for a period of one year, by reason of an administrative order, would not entitle the petitioner, to claim voting right for participation in the elections, which in fact, were held by the date, the said order came to be issued. Further, the writ petition in W.P. No. 389 of 2008, filed by the petitioner questioning the non-inclusion of his name in the electoral list, was dismissed by this Court by order dated 18.02.2008 as having become infructuous, recording as follows: At the hearing, Sri. Siddha Reddy representing Sri. Syed Shareef Ahmed, learned counsel for the petitioner, represented that the writ petition has become infructuous. In view of the same, the writ petition is dismissed as infructuous. As a sequel to dismissal of the writ petition as infructuous, WPMP No. 307 of 2008 filed by the petitioner for interim relief is also dismissed. In view of the above, I find no merit in the writ petition, and the same is accordingly dismissed. No costs. ________________ N.V. RAMANA, J. Dated: 20th November, 2008. KSR [1] 2008 (4) ALT 206 (DB)