IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 CRP.No. 51 of 2008() -------------------- AGAINST THE ORDER DATED 31/12/2007 IN IA.314/2007 IN WOS.25/2007 of WAKF TRIBUNAL, ERNAKULAM .................... REVISION PETITIONER: PETITIONER:PLAINTIFF: ------------------------------------------------------------------------ O.A.MUHAMMED SHEREEF, AGED 58 YEARS, S/O. LATE ABDUL KHADER, UMBHIYIL THAZHICHAYIL HOUSE, MARKET ROAD, CHANGANASSERY. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID RESPONDENTS: RESPONDENT:DEFENDANTS: ----------------------------------------------------------------------- 1. ELECTION COMMITTEE OF PUTHUR PALLY MUSLIM JAMA-ATH, CHANGANASSERY, REP. BY ITS CHAIRMAN, M.H.MOHAMMED HANEEFA, S/O. HAMEED KANNU RAWTHER, MOOPPARUVEETTIL, CHANGANASSERY. 2. N.HABEEB, MEMBER OF ELECTION COMMITTEE FOR PUTHUR PALLY, MUSLIM JAMA-ATH, CHANGANASSERY. 3. N.SALI, MEMBER PUTHUR PALLY MUSLIM JAMA-ATH, CHANGANASSERY. BY ADV. SRI.V.K.PEERMOHAMED KHAN THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/01/2008 ALONG WITH CRP NO. 57 OF 2008 & CRP NO. 58 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V J.B.KOSHY & K.HEMA, JJ. -------------------------------------- C.R.P.Nos.51, 57 & 58 of 2008 ------------------------------------- Dated 24th January, 2008 ORDER Koshy,J . These revision petitons are filed against the interim order passed by the Wakf Tribunal. The dispute relates to the election and administration of Puthur Palli Muslim Jama-ath, Changanassery. The Election Committee decided to conduct the election on the basis of the voters list in the previous election. When the Election Committee deleted seven persons, by the impugned interim order Tribunal allowed them also to be included, their names were enlisted in the previous electoral list and they participated in the previous election. With regard to the request for deletion and addition of certain members and allowing the traditional members only to vote, no relief was granted as it was directed that the election is being conducted on the basis of the earlier voters list as was done. Counsel appearing for the Election Committee submitted that election process is going on, that today is the date fixed for scrutiny of the nominations submitted and that 91 candidates submitted nominations. Since the election was proposed to be conducted on the very same basis as per the previsous year, we see no reason to interfere with the election process at present. It is pointed out that the interim order passed in I.A.No.139 of 2007 in W.O.S.No.25 of 2007 by CRP.Nos.51,57 & 58/2008 2 the Wakf Tribunal on 12th September, 2007 is not challenged so far. It is submitted that even though suit was filed in 2007, petitioners herein did not file written statements so far. Taking into account of these circumstances, we are of the view that at present no interference is required in the interim order. However, we make it clear that election will be subject to the result of the suit. The suit should be disposed of as early as possible, in any event, within six months from the date of receipt of a copy of this order. Pleadings should be considered and time fixed for filing written statement etc. should not be extended indefinitely. After the election is over, it is for the Election Committee to declare the result and declared body can take charge, their decisions will be subject to the result of the suit or further orders to be passed by the Wakf Tribunal. We are not making any observations regarding the merits of the suit or contentions. The revision petitions are disposed of accordingly. J.B.KOSHY JUDGE K.HEMA JUDGE tks