THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.917 of 2008 Dated:13.11.2009 Between: Iftaquar Ahmed. ….Petitioner And Sri S.Madar Sab, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CONTEMPT CASE No.917 of 2008 ORDER: In W.P.No.25844 of 2006 reported in Syed Munavvaruddin Quadri v Chief Executive Officer, A.P.State Wakf Board[1], this Court passed orders on 05.01.2007 holding that the election of Managing Committee is not contemplated under the Wakf Act, 1995, and that any byelaws framed by the Wakf Board would be illegal. In this contempt case filed by the third party it is alleged that in spite of the judgment of this Court, the third respondent herein issued election notice dated 15.05.2008, but due to intervention by the members of the congregation the election could not be held on that day. Alleging contempt on the part of respondent Nos.1 to 3, the present contempt case is filed. After receiving notice, the first respondent appeared and filed Contempt Application No.870 of 2008 to dispense with the presence. The application was dismissed by passing the following order. In obedience to the notice in Form-I dated 25.7.2008, Shaik Madar Saheb, Chief Executive Officer, Special Officer i/c.A.P.S.W.Board, appeared in the Court. This application purportedly under Rule 18 of the Contempt of Courts (Andhra Pradesh High Court) Rules, 1980, is filed seeking to dispense with his presence. As there appears to be lack of clarity in the legal position in spite of judgment of this Court in Syed Munavvaruddin Quadri v Chief Executive Officer, A.P.State Wakf Board (2007 (3) ALD 711), this Court is of the considered opinion, till the above judgment is implemented with respect to all wakf institutions registered with Andhra Pradesh State Wakf Board, presence of the petitioner cannot be dispensed with. This application is accordingly dismissed. Thereafter, the first respondent/first contemnor again moved another application, being Company Application No.954 of 2008, stating that the Wakf Board has issued Memo dated 12.09.2008 directing not to conduct elections to wakf institution. The memo bearing F.No.93/L4(a)/WGL/06, dated 12.09.2008, was issued by the Andhra Pradesh State Wakf Board and signed by the first contemnor, inter alia, stating as follows. In obedience of the orders of the Hon’ble High Court in the references 1st to 3rd cited and keeping in view the legal position, the AP State Wakf Board withdraw all the notifications issued to conduct Elections for constituting Managing Committee for Wakf Institutions through out the State of A.P. The Inspector Auditors are hereby directed with hold all such notifications and not to entertain any request for conduct of election in general and in the cases where the byelaws stipulates conduct of election the Musallians may be requested to make their own arrangements and give the elected list for approval. Wherever, it is found that the Musallians have formed rival groups and spoiling the sanctity of the Wakf Institution, the Inspector Auditors shall immediately bring to the notice of the AP State Wakf Board to take the institution under direct management of the Wakf Board. In view of the memo issued by the Andhra Pradesh Wakf Board, it shall have to be taken that the contempt is purged. Therefore, this Court is not inclined to pursue the matter further nor the petitioner insists upon to proceed with the case. The Contempt Case is, therefore, disposed of recording the memo as above. _______________ (V.V.S.RAO, J) 13.11.2009 vs [1] 2007 (3) ALD 711