IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 28012 of 2008(I) ------------------------------------ PETITIONERS: ---------------------- V.P.MUHAMMED ALIAS MANUTTI, AGED 66 YEARS, S/O.KUNHAHAMED, VALIYAPARAMBIL HOUSE, EDAYOOR NORTH, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS: ----------------------- 1. THE RETURNING OFFICER OF KERALA STATE WAKF BOARD, THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 2. THE KERALA STATE WAKF BOARD, NEAR JAWAHARLAL NEHRU INTERNATIONAL STADIUM, KALOOR, ERNAKULAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. MANNAKKAL JUMA MASJID MAHAL COMMITTEE, EDAYOOR NORTH P.O., VALANCHERRY, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. PUTHUKUDY ABOOBACKER, PUTHUKUDY, EDAYOOR NORTH P.O., VALANCHERRY, MALAPPURAM DISTRICT. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R2 SRI.BABU KARUKAPADATH FOR R4 SMT.M.A.VAHEEDA BABU FOR R4 SRI.P.G.PRAMOD FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).No. 28012/2008 --------------------------------- Dated this the 16th day of October, 2008. JUDGMENT The petitioner claims to be the Muthavalli of Moonnakkal Juma-ath palli, a registered Wakf. According to the petitioner, as per the Wakf register one V.P.Kuhi Pocku is shown as the Muthavalli. Subsequently, the petitioner's brother Hurair Kutty was recognised as Muthavalli. According to the petitioner, he later succeeded on the death of the Muthavalli. The petitioner submits that an election to the Wakf Board has been notified under section 14 of the Wakf Act. The Muthavallis of the Wakfs in the State constitute the electoral college. The petitioner's grievance is that his name is not included in the voters list published by the first respondent. An objection submitted by him has not been considered, according to him. But by Ext.P3, a non speaking order, the complaint has been rejected. The same has been challenged. 2. By order dated 25.9.2008, I directed the Standing Counsel for the Wakf Board to file a statement indicating WPC. 28012/2008 2 whether the order impugned in the writ petition can be the subject matter of an election dispute. A statement has been filed. Para 1 of the same reads as follows: “ In the above case, the petitioner challenges the order of the Returning Officer declining the petitioner's request to include his name in the Electoral Roll of the Electoral College of Muthawalli and the inclusion of the name of the 4th respondent. It is submitted that Rule 55 of the Kerala Wakf Rules provides for redressal of election disputes. The complaint of the petitioner is to be agitated as an election dispute in an Election petition to be filed before the Wakf Tribunal as per Rule 55 of the Kerala Wakf Rules.” 3. Election disputes are normally to be agitated only in the manner which is provided in the statute which governs the election. Since the Wakf Board which conducts election has itself accepted that the claim made by the petitioner or objection raised by him in relation to respondents 3 and 4 can be adjudicated as an election dispute in terms of Rule 55 of the Kerala Wakf Rules, I do not think it is appropriate to consider WPC. 28012/2008 3 the case of the petitioner on merits in proceedings under Article 226 of the constitution. Accordingly recording the stand taken by the first respondent, the writ petition is disposed of holding that the dispute raised by the petitioner and the claim pursued by him is a matter which can be urged as election dispute under section 55 of the Kerala Wakf Rules. V. GIRI, JUDGE. Pmn/ WPC. 28012/2008 4