Karnataka High Court
M Sirajulla Khan vs Karnataka State Board Of Wakfs on 30 May, 2013
Author: Mohan .M.Shantanagoudar
Bench: Mohan.M.Shantanagoudar
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 30TH DAY OF MAY, 2013
BEFORE
THE HON'BLE MR.JUSTICE MOHAN.M.SHANTANAGOUDAR
WRIT PETITION NO.3425/2013
AND
WRIT PETITION NO.5806/2013 (GM-WAKF)
BETWEEN
1.M SIRAJULLA KHAN
S/O ABDULLA BASITH KHAN
AGED ABOUT 80 YEARS
R/AT NO.5/4, 1ST CROSS,
2ND MAIN ROAD, WILSON GARDEN
BANGALORE-27
2.MASOOD ABDUL KHADIR
S/O H. MOHAMMED ISMAIL
AGED ABOUT 60 YERAS
NO.88/9, COLES ROAD,
2ND CROSS, FRAZER TOWN,
BANGALORE-05. ... PETITIONERS
(BY SRI NAVEED AHMED, ADV.)
AND
1.KARNATAKA STATE BOARD OF WAKFS
NO.6, CUNNINGHAM ROAD,
BANGALORE-52
REP. BY ITS CEO
2.MR. H.S. ISMATHULLA SAHEB
2
AGED ABOUT 56 YERAS
ADMINISTRATOR
MEMBER, KARNATAKA STATE
BOARD OF WAKFS, NO.6,
CUNNINGHAM ROAD,
BANGALORE-52
3.MR. K.A. BURHAN
EX-HON. SECRETARY
THE MUSLIM ORPHANAGE
NO.18/1, " NISHANTH COORANATION ",
WELLINGTON STREET
RICHMOND TOWN,
BANGALORE-25. ... RESPONDENTS
(BY SMT NILOUFER AKBAR FOR R1-R3)
*****
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT THE 1ST RESPONDENT TO
CONDUCT ELECTION TO THE EXECUTIVE COMMITTEE
OF MUSLIM ORPHANAGE FOR BETTER MANAGEMENT
OF THE WAKF INSTITUTION AS REQUESTED IN
ANNEXURE-K DATED 31.8.2012.
THESE WRIT PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT PASSED THE
FOLLOWING:
ORDER
The petitioners have sought for a direction to conduct election to the Executive Committee of Muslim Orphanage situated at No.43, Dickenson Road, Bangalore, for better management of Wakf's Institution. 3
2. The records reveal that an Administrator was appointed in the year 2010 for the aforementioned Wakf Institution by the first respondent. The Administrator has been continued from time to time till his death. In the mean while, some of the members including the petitioners have made representations to the Wakf Board to conduct Elections to the Executive Committee of the Muslim Orphanage, Bangalore at an early date. Considering the request of the Muslim Orphanage members, the first respondent Wakf Board passed an order as per Annexure-L dated 24.9.2012 appointing Janab H.S. Ismathulla Khan Saheb, as Administrator to Muslim Orphanage in place of Janab Mohammed Salahudin, until further orders. Further Janab Sheikh Ahmed, KAS (Retd.) Sr. Scale Officer is appointed as Election Officer, with a direction to initiate election process and complete the election process within three months. In spite of the same, the Election Officer has not 4 commenced the election process. Hence, these writ petitions.
The Administrator should not be allowed to continue for a longer period without any valid reason. It is better for the Wakf Institution to have the Managing Committee which is duly elected by a democratic process. In the matter on hand, the Administrator was appointed in the year 2010 and has been continued from time to time till this day. However, the first respondent has appointed Election Officer to conduct elections. Therefore, the first respondent is not at fault. But the Election Officer, for the reasons best known to him, has not conducted the elections. These writ petitions do not reveal as to why the election process has not commenced till this day.
Be that as it may, having regard to the totality of the facts and circumstances, interest of justice would be met if the first respondent is directed to appoint another Election Officer who will initiate and complete the election 5 process within three months from the date of his appointment. The first respondent shall take appropriate action as early as possible not later than one month from the date of receipt of the copy of this order.
With these observations, the Writ Petitions stand disposed off accordingly.
Sd/-
JUDGE PL