IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WA.No. 735 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5500/2009 Dated 13/03/2009 .................... APPELLANT(S): -------------- 1. M.ABDUL VAHID,S/O.MOHAMMED KUNJU KUNNAVILAVEETTIL, KAPUVAYIL, THOTTAKATTU P.O. THIRUVANATHAPURAM. 2. SHAHUDEEN, S/O. MOHAMMED PILLAI LEBBA S.M.R.NILAYAM, THOTTAKATTU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.S.AFSAL KHAN SRI.V.A.SHAJI RESPONDENT(S): --------------- 1. NAHAS, THE SECRETARY KADUVAYIL MUSLIM JAMATH,THOTAKATTU P.O. THIRUVANANTHAPURAM. 2. THE KERALA WAKF BOARD REPRESENTED BY CHIEF EXECUTIVE OFFICER WAFK BOARD OFFICE, V.I.P.ROAD, ERNAKULAM KOCHI 682 017. ADV.SRI.B.SWATHI KUMAR FOR R1 ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * W.A.No.735 of 2009 ---------------------------------------- Dated this the 26th day of March 2009 J U D G M E N T BASANT,J The appellants claim to be aggrieved by the judgment of the learned Single Judge under which an order passed by the 2nd respondent herein was set aside by the learned Single Judge and a direction was issued that an Advocate Commissioner be appointed to oversee the steps upto the actual polling which is to take place on 29/03/2009 for election of the Managing Committee of the Kaduvayil Muslim Jamath. In this appeal, it is seen that not the 1st respondent; but the Secretary by name is arrayed as the 1st respondent. We take it that the writ petitioner is the 1st respondent. Elections were declared and steps have already been taken for the conduct of the election. The learned Single Judge held that it was not necessary to introduce an outsider as the Returning Officer and the interests of justice would be served eminently by appointing an Advocate Commissioner of the court to verify steps already taken in the conduct of the election and also oversee all the subsequent steps M.A.C.A.No.735/09 2 upto the actual polling which is scheduled to take place on 29/03/2009. In coming to this conclusion, the learned Single Judge noted that the order appointing an advocate as Returning Officer passed by the 2nd respondent herein does not show any reasons to justify such a direction. The learned Single Judge, further felt that it would be sufficient in the circumstances of the case to ensure that the Advocate Commissioner appointed by the court oversees and supervises the steps already taken and the steps to be taken upto the date of polling. 2. We find that the election is scheduled to take place on 29/03/2009. All steps for the conduct of the election have already been undertaken, it is submitted. The appellants herein are themselves candidates in such election, points out the learned counsel for the 1st respondent. The learned Single Judge, after issuing such interim directions, had posted the writ petition to 31/3/2009 for report of the Advocate Commissioner. Any interference with the impugned order by us at this Stage is likely to upset the schedule for election. We are satisfied that such course need not be followed. The learned Single Judge will certainly consider the report to be submitted by the Advocate M.A.C.A.No.735/09 3 Commissioner and issue appropriate directions, if any, necessary. The option of any aggrieved person to challenge the election in accordance with law on whatever ground which is legally available shall also remain unfettered. 3. With the above observation, this appeal is dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.735/09 4 M.A.C.A.No.735/09 5 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009