IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 29521 of 2009(R) -------------------------- PETITIONER: RIYAS, S/O.BICHALI @ IMBICHI MOIDEEN,PAL LIKKAL HOUSE, NADUVATTOM AMSOM & DESOM, KOZHIKODE TALUK. BY ADV. SRI.A.A.MOHAMMED NAZIR SRI.P.A.REZIYA SRI.P.K.NOOR BEENA RESPONDENTS: 1. NADUVATTOM JAMA-ATH PALLI PARIPALANA COMMITTEE, REPRESENTED BY ITS SECRETARY O.N.MOHAMMED, S/O.ALI, OLASSERY NARAKKATTU, NADUVATTOM AMSOM & DESOM, KOZHIKODE TALUK. 2. P.ALI MOHAMMED, S/O.BEERAN KOYA, PARAMBATH HOUSE, NADUVATTOM AMSOM & DESOM, KOZHIKODE TALUK, PRESIDENT, NADUVATTOM JAMA-ATH PALLI PARIPALANA COMMITTEE. 3. O.N.MOHAMMED, S/O.ALI, OLASSERY NARAKKATTU, NADUVATTOM AMSOM & DESOM, KOZHIKODE TALUK, SECRETARY, NADUVATTOM JAMA-ATH PALLI PARIPALANA COMMITTEE. 4. P.T.ABDULLA KOYA HAJI, S/O.KUNHI KOYA, ABITHA MANZIL, NADUVATTOM AMSOM & DESOM, KOZHIKODE TALUK, TREASURER, NADUVATTOM JAMA-ATH PALLI PARIPALANA COMMITTEE. 5. KERALA WAKF BOARD, VIP ROAD, KALOOR, ERNAKULAM, COCHIN-682 017, REPRESENTED BY ITS SECRETARY. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.10.2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = W.P.(C) 29521 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 19TH DAY OF OCTOBER, 2009. J U D G M E N T Raman, J. Petitioner is a member of the Naduvattom Jama-ath Palli which is registered under the Societies Registration Act. His grievance is that the said Society is proposing to hold an election today pursuant to the order passed by the Wakf Board vacating the earlier interim order passed. It is pointed out that by Ext.P2 the Wakf Board had injuncted the first respondent from conducting the election till a final decision is taken and thereafter, that interim order was extended until further orders, though the matter was heard as early as on 18.7.2009. The order was passed on 15.10.2009. According to the petitioner, a copy of the order is not yet given to him and in the absence of receipt of any such copy of the order, he could not invoke the appellate remedy and in the mean time, if the election is held, it will lead to irreparable injury and hardship to him. Hence he seeks to invoke the extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India. WP(C) 29521/2009 2 2. The learned Standing Counsel appearing on behalf of the Wakf Board was given notice and we have heard him. It is submitted by the standing counsel that the Wakf Board met on 15.10.2009 has taken a decision dismissing the petition submitted by the petitioner and a copy of the order will be issued to him tomorrow. 3. In the factual situation, it has to be noticed that the first respondent is a Society registered under the Societies Act, election of which cannot be stayed by this Court in a proceeding under Article 227 of the Constitution of India. Further, even if any election is held, if it is contrary to law or the procedures have been violated thereto, or for any valid reason, the appellate authority is entitled to cancel the election so held. In such circumstances also, this may not be an appropriate writ petition to be entertained. 4. Without prejudice to the right of the petitioner to seek appropriate statutory remedies available under law, this writ petition is dismissed. 5. However, since the Wakf Board has passed an order as stated by the Standing Counsel, a copy of the same be served on the petitioner without delay. 6. This writ petition is filed under Article 227 of the Constitution of India. Since the first respondent is a statutory authority having supervisory jurisdiction vested in the Wakf, even though this is a writ petition is filed WP(C) 29521/2009 3 under Article 227, treating this as a petition filed under Article 226 of the Constitution, no relief can be granted. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-