Karnataka High Court
Sri Mahboob Sab Kuntoji S/O Raje Sab ... vs The Karnataka State Board Of Wakfs And ... on 27 March, 2018
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NO.200032/2017 (GM-WAKF)
Between:
Sri Mahboob Sab Kuntoji
S/o Raje Sab Kuntoji
Aged about 49 years
Mahboobnagar, Muddebihal - 586 212
Vijayapura District
... Petitioner
(By Sri Harshavardhan R. Malipatil, Advocate)
And:
1. The Karnataka State Board of Wakfs
No.6, Cunningham Road
Bangalore - 560 052
Rep. by its Chief Executive Officer
2. Sri Madar Patil M.,
Administrator
Anjuman-e-Islam
Muddebihal - 586 212
Vijayapura District
3. The Anjuman-e-Islam Trust Committee
Muddebihal Taluk
Muddebihal - 586 212
Vijayapura District
Represented by its President
... Respondents
(By Sri Manvendra Reddy, Advocate for R1 & R2;
R-3 Served)
2
This writ petition is filed under articles 226 & 227 of
the Constitution of India, praying to issue a writ in the
nature of certiorari quashing the notification
No.AEI/01/MUDB/ENL/2016-17 dated 01.12.2016 issued by
the 2nd respondent at Annexure 'A' proposing to enroll the
Members to the 3rd respondent Trust.
This petition is coming on for preliminary hearing in
'B' group this day, the Court made the following:-
ORDER
Pursuant to the order dated 20.03.2018, the 2nd respondent-Mr. Madar Patil M., who was Administrator of 3rd respondent-Anjuman-e-Islam Trust Committee, Muddebihal taluk for the period from 17.11.2015 till November-2017 is present before the Court along with Mohammed Abdul Mannar who is presently the Administrator of 3rd respondent-Trust Committee for which Madar Patil M. was Administrator earlier.
2. The present writ petition is filed by one of the members of 3rd respondent-Trust Committee 3 challenging the Notification bearing No.AEI/01/Mudb /ENL/ 2016-17 dated 01.12.2016, which was issued by 2nd respondent-Mr. Madar Patil M., which is at Annexure-A. Admittedly, the said Notification was issued by him to enroll the members to 3rd respondent- Trust Committee. The said Notification is under challenge by one of the members of the Trust Committee on the ground that the order appointing 2nd respondent as Administrator did not empower him to enroll the members to the 3rd respondent-Trust Committee and as such the aforesaid Notification dated 01.12.2016 issued by him is required to be quashed.
3. When this matter was heard for final disposal in the presence of the erstwhile Administrator Madar Patil M. and as well as the present Administrator Mr. Mohammed Abdul Mannar, this Court interacted with the aforesaid two persons to ascertain whether the order bearing No.KBW/CMC/44/BJR/2004-05 dated 4 17.11.2015 empowers him to enroll members to the Managing Committee. The said officer who was carrying a copy of the order appointing him as Administrator to the aforesaid order dated 17.11.2015 looked into that and stated that the said order empowered him "to manage day-to-day affairs of the Anjuman-e-Islam, Muddebihal, Vijayapura District till the constitution of new Managing Committee". After looking into the aforesaid order, he clearly admitted that he was not entrusted with power to enroll members to 3rd respondent-Trust Committee. He also admitted that from 17.11.2015, he continued as Administrator of 3rd respondent-Trust Committee till November, 2017. During which period, he issued Notification dated 01.12.2016 vide Annexure-A, pursuant to which it is stated that he has enrolled 2317 persons as members to the 3rd respondent-Trust Committee in the capacity of Administrator.
5
4. Meanwhile, the present Administrator Mr. Mohammed Abdul Mannar who is present before the Court at the time of hearing of this matter categorically stated that he has not enrolled any member to 3rd respondent-Trust Committee at any point of time during his period as Administrator.
5. After hearing the learned counsel for the petitioner and as well as the learned counsel appearing for respondent Nos.1 and 2, it is clearly seen that the 2nd respondent who was appointed as Administrator for the period from 17.11.2015 till November, 2017 has exceeded the authority provided to him under order dated 17.11.2015. Though, his responsibility was to manage the day-to-day affairs of the 3rd respondent- Trust Committee, as accepted by him and as could be seen from the order appointing him as Administrator. He has assumed power beyond the scope of the order appointing him as an Administrator and proceeded to 6 enroll 2317 members to the 3rd respondent-Trust Committee under Notification dated 01.12.2016 vide Annexure-A.
6. In that view of the matter, this Court is of the considered opinion that the Notification issued at the behest of 2nd respondent-Madar Patil M. vide Annexure-'A' as an Administrator of 3rd respondent- Trust Committee is quashed. Consequently, the enrollment of 2317 persons as members of the 3rd respondent-Trust Committee is declared as void.
7. With such observation, this Court further observed that the present Administrator namely, Mohammed Abdul Mannar shall conduct election to elect Managing Committee to 3rd respondent-Trust Committee based on the members who were on the list of 3rd respondent-Trust Committee prior to 17.11.2015 and the said election to the Managing Committee of 3rd respondent-Trust Committee shall be completed 7 immediately after the code of conduct which is in place due to the assembly election to the State of Karnataka for 2018 is completed and the said election to 3rd respondent-Trust Committee should be initiated and completed within 45 days from the date of the code of conduct which is in place due to the aforesaid election comes to an end.
With such observation, this writ petition is allowed by quashing Notification No.AEI/01/Mudb/ENL/2016- 17 dated 01.12.2016 and consequently quash enrollment of 2317 persons as members of 3rd respondent-Trust Committee pursuant to aforesaid notification.
Sd/-
JUDGE BL