1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 106 OF 2010. ( Zafar Beig Mirza -: versus :- Mah. State Board of Wakfs and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 02, 2010. Shri Z.A. Haq, learned counsel for petitioner seeks leave to delete name of respondent no.2 and to continue the office by its designation. Leave granted. Necessary amendment be carried out forthwith. ----------- Heard Shri Z.A. Haq, learned counsel for petitioners, Shri F.T. Mirza, learned counsel for respondent no. 1 and 2 and Shri M.K. Pathan, learned Counsel for respondent no.3. No body is present for respondent nos. 4 and 5 though served. Shri Haq, learned counsel has challenged the stay granted by respondent no.2 Chief Executive Officer on 1.12.2009 to the elections as scheduled in accordance with the scheme of the Wakf. He points out that respondent no.3 was elected to fill in vacancy in the office of the President temporarily i.e. till the regular elections are held. The normal tenure of 5 years expired and hence elections were announced. Contentins that respondent no.3 is entitled to continue in office for 5 years, respondent no.3 approached 2 respondent no.2 and stay order has been granted behind the back of petitioners. Learned Counsel argues that respondent no.2 does not have such power. Shri Mirza, as also Shri Pathan, learned counsel for respondents relies upon the provisions of Section 25 of the Wakf Act, to point out that such power is available to respondent no.2. Shri Mirza, leaned counsel has pointed out that the petitioners have already filed application before respondent no.2 for vacation of interim order. I have perused provisions of Section 25. I find it inappropriate to conclude the issue about its interpretation at this stage of the matter. Holding of regular elections [if any], of the Wakf i.e. respondent no.5 is essential, hence leaving all the contentions open, respondent no.2 is directed to decide the application for vacation of interim orders/proceedings before him, as early as possible and in any case by 15.03.2010. Shri Haq as also Shri Pathan, learned counsel states that they will cooperate with respondent no.2 in the matter. Parties to appear before respondent no.2 on 11.02.2010 and to abide by its directions in the matter. With these directions and keeping all the contentions open, Writ Petition is disposed of with no order as to cost. JUDGE Rgd.