JUDGMENT

1. The W.P.No.23228 of 2023 was filed questioning the notification issued in G.O.Ms.No.37, Minorities Welfare (IDM-I), dtd. 29/8/2023, by the respondent No.2 for conducting the election of the member to the A.P.State Waqf Board in respect of the category of Mutawalli under Sec. 14(1)(b)(iv) of the A.P.State Waqf Act, 1995 leaving other categories as violative of the provisions of the Waqf Act, 1995.

The interim prayer in the said writ petition is to stay the further course of action pursuant to the impugned notification vide G.O.Ms.No.37 dtd. 29/8/2023

2. The W.P.No.23343 of 2023 was filed questioning the action of the respondent No.1 in issuing the G.O.Ms.No.37, Minorities Welfare (IDM-I), dtd. 29/8/2023, by the respondent No.2 to conduct election only to the electoral college of Mutawallis under Sec. 14(1)(b)(iv) of the Waqf Act, 1995 without conducting election for the other electoral colleges as violative of the provisions of the Waqf Act,1995.

The Interim prayer is also to grant stay of all further proceedings in pursuance of the G.O.Ms.No.37 dtd. 29/8/2023 pending the writ petition.

3. The W.P.No.23373 of 2023 was filed questioning the notification issued in G.O.Ms.No.37, Minorities Welfare (IDM-I), dtd. 29/8/2023, by the respondent No.2 for conducting the election for the member of the respondent No.4- Board under the category of Mutawalli under Sec. 14(1)(b)(iv) of the A.P.State Waqf Act, 1995.

The interim prayer in the said writ petition is to set aside the G.O.Ms.No.37, Minorities Welfare (IDM-I), dtd. 29/8/2023 issued by the respondent No.1 pending the writ petition.

4. Heard the learned senior counsel for the petitioners; the learned Advocate General for the respondent Nos.1 to 3 and the learned senior counsel for the respondent No.4-Waqf Board. Another learned senior counsel Sri V.S.R.Anjaneyulu, appeared for the implead petitioner in I.ANo.2 of 2023 in W.P.No.23228 of 2023 and I.A.No.2 of 2023 in W.P.No.23343 of 2023 seeking impleadment of the petitioners as party respondents in the writ petitions as well as in the pending IAs.

5. All the counsels advanced their arguments only on the interim applications as the election is scheduled to be held tomorrow i.e., on 9/9/2023.

6. The learned senior counsel for the petitioners submits that the petitioners are the "persons interested" within the meaning of Sec. 3(k) of the Waqf Act. The petitioner in the first case is the Mussalli of the Noori Masjid situated at Police Colony, Bhavanipuram, Vijayawada. The impugned notification issued by the respondent No.2 is not in conformity with the Rules and contrary to the provisions of the Act. There is a schedule for preparation and publication of final voters list. No objections are invited for the voters list. The respondent No.2 only published the Electoral College for the member of the Mutawalli category but not the electoral list as contemplated under Rule 8 of the A.P.State Waqf Rules, 2023.

7. Be that as it may, the learned senior counsel mainly drawn the attention of this court to Rule 11 of the A.P.State Waqf Rules, 2023 issued under Sec. 109 of the Waqf Act, 1995, vide G.O.Ms.No.2 (Minorities Welfare (IDM-I) dtd. 17/3/2023 published in the A.P.Gazette dtd. 21/3/2023, which reads as under:

"11. Displaying of lists: The electoral lists obtained under rule 8, 9 and 10 shall be displayed on the notice board of the Election Authority, office of the A.P.State Waqf Board and office of District Minorities Welfare Officer (DMWO) not less than fourteen (14) days before the date of elections and shall be published in Urdu, Telugu and English/local language in the newspapers having circulation in the area."

8. Rule 12 deals with the filing of objections, within seven days by any person aggrieved by the publication of the electoral lists under Rules 8, 9 and 10 for addition, deletion or modification of any name. After incorporating such modification upon considering the objections, the election authority shall publish the final