cra35.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 35 OF 2009 1 Hamid khan s/o Gafur Khan Poswal age 64 years, occ. agril. r/o Majid Ward Pandhar Kawada Tq. Kelapur, Dist. Yeotmal. 2 Mohd. Sultan s/o Mamla Chavan age 64 years, occ. business r/o Bhawatsingh Ward, Pandhar Kawada Tq. Kelapur, Dist. Yeotmal. 3 Shaikh Quader s/o Shaikhji age 70 years, occ. rtd., r/o Maulana Azad Ward, Pandhar Kawada Tq. Kelapur, Dist. Yeotmal. 4 Syed Jafer s/o Babdagal age 65 years, occ. business r/o as above. 5 Suleman Baig s/o Ramzan Baig age 75 years, occ. business r/o as above. 6 Mohd. Ali Baig s/o Ramzan Baig age 65 years, occ. business r/o as above. 7 Abdul Shabbir s/o Abdul Shahid age 52 years, occ. busines r/o as above. cra35.09 2 8 Syed Abdul Latif Syed Mahemood age 70 years, occ. retd. r/o as above. 9 Shaikh Shabbir s/o Shaikh Wazir age 60 years, occ. business r/o Maulana Azad Ward Pandharkawada, Tq. Kelapur Dist. Yeotmal. .. APPLICANTS VERSUS 1 Anjuman Fallahe Millat Trust Pandharkawad, Tq. Kelapur, Dist. Yeotmal Reg. no. F-574 (Ytl) through its President Syed Abdul Sattar s/o Syed Abdul Amir age 72 years, occ. business & motor mechanic r/o Gadiward, Pandharkawada, Tq. Kelalpur Dist. Yeotmal. 2 Syed Abdul Sattar s/o Syed Amir age 72 years, occ. business r/o Pandharkawada Tq. Kelapur, Dist. Yeotmal. 3 Maharashtra State Board Wakfs through its Chief Executive Officer Head Office Panchakki, Aurangabad 4 The Chief Executive Office Maharashtra State Board of Wakfs r/o Panchakki, Aurangabad. cra35.09 3 5 The Chairman Maharashtra State Board of Wakfs r/o Panchakki, Aurangabad. .. RESPONDENTS Mr. A.S. Bajaj, advocate for the applicants. Mr. A.P. Bhandari, advocate for respondent nos. 1 and 2. Mr. S.A.G. Qureshi, advocate for respondent nos. 3 to 5. ===== CORAM : R.M. BORDE, J. DATE : 24 th MARCH, 2011. ORAL JUDGMENT : 1 Applicants herein are raising exception to the order passed on 25-2-2009 by the Presiding Officer, Maharashtra Wakf Trbunal, Aurangabad whereby the order passed by the Chief Executive Officer, Maharashtra State Board of Wakfs dt. 20-8-2005 came to be set aside. While directing quashment of the order passed by the Chief Executive Officer, the Wakf Tribunal has directed that the matter of registration and election of the Wakf be kept in abeyance till the decision in respect of transfer of trust is reached. 2 Parties to the litigation do not dispute that the election for constituting cra35.09 4 the body of management for the Wakf is to be held every two years as per the constitution. It is also not disputed that since the year 2005 no elections are held. Prior to 2005, both the groups claiming their interest presented change report before the Chief Executive Officer. However, both the reports submitted by the rival groups were turned down. A direction was issued by the Chief Executive Officer to hold re-election in accordance with the provisions of section 43 of the Wakf Act, 1995. It was also directed that before holding elections, upto date voters list shall be published on the notice board and, after considering the claims and objections to the voters list, the program of election shall be declared. Election process was directed to be undertaken under supervision of the official of the Maharashtra State Board of Wakfs. As noted above, the order passed by the Chief Executive Officer on 20-8-2005 has been quashed and set aside by the Wakf Tribunal, Aurangabad vide order dt. 25-2-2009. 3 Both the parties to the litigation agree that the election for electing the managing committee of the Wakf is required to be held in accordance with the provisions of the constitution of the trust / Wakf. It is also not disputed that since 2005 there were no elections held. In this view of the matter, appropriate direction shall have to be issued for removing the void. cra35.09 5 In these circumstances, I deem it appropriate to direct holding of election of the Wakf in accordance with the provisions of the constitution of Wakf. The election for electing managing committee shall be held expeditiously under the supervision and control of the Regional Wakf Officer, Amravati. The Regional Wakf Officer may appoint an official of the Wakf Board to complete the process of election. The officer so appointed by the Regional Wakf Officer shall prepare preliminary voters list and after taking into account the objections, if any, in respect of voters list, shall proceed to ensure finalisation of voters list and after taking such steps as prescribed in the constitution shall ensure completion of the process of election. Elections to elect the managing committee of respondent no. 1 / trust shall be held as expeditiously as possible and shall be completed within a period of four months from today. The order passed by the Wakf Tribunal to the extent specified above stands modified. It is hereby clarified that the order of status quo issued in Civil Revision Application no. 34/2009 shall not be construed as an order clamping restraint in conducting the affairs of the trust at the hands of newly elected managing committee. It is also clarified that the parties to the litigation shall have liberty to take recourse to appropriate remedies provided under law for redressal of their grievances. Any of the parties to change report proceedings also shall have liberty to challenge orders that cra35.09 6 would be passed in this proceeding. In view of the reasons recorded above, this application does not require any consideration and same stands dismissed. 4 In view of disposal of civil revision application, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb