1. The petitioners are before this Court assailing the letter dated 19.06.2013 impugned at Annexure-G to the petition. They are also seeking that respondents No 1 and 2 be directed to conduct the election to the institution as per the available list of members as at Annexure-K to the petition.

2. The brief facts are that the petitioners claim to be life members of the Muslim Orphanage which is a Wakf Institution. The said Orphanage is guided by the scheme of management (Constitution of the Orphanage) which is the bye-law for governing its affairs. After the expiry of term of its earlier elected executive committee, the first respondent by the order dated 13.10.2010 invoking Section 65(1) of the Wakf Act, 1995, has assumed direct management of the institution and the affairs were being discharged by the Administrator who had been appointed by the said order. Subsequently, the Administrator was replaced. When elections were to be held to elect the Executive Committee by appointment of an Election Officer as ordered by this Court in W.P.No.3425/2013 and W.P.No.5806/2013 disposed of on 30.05.2013, the issue relating to the membership list that was to be operated for the said election has become the bone of contention.

3. In that regard, the Administrator by his communication dated 11.06.2013 addressed to the first respondent had broached this issue. The first respondent by its reply dated 19.06.2013 impugned at Annexure-G herein has permitted the Administrator to enroll members to the Muslim Orphanage with further instructions in that regard. The petitioners claiming to be aggrieved by the said communication are before this Court assailing such action whereby the Administrator is permitted to enroll the members which according to them is contrary to law and also is against the procedure as contemplated under Clause 7 of the Constitution of the Orphanage which regulates the procedure for enrollment of a member. It is in that regard contended that only the elected Executive Committee can enroll members and it is beyond the competence of an Administrator. Since according to the petitioners the list as at Annexure-K is the membership list which existed earlier to appointment of Administrator, the election should be held in terms of the same is the contention of the petitioners.

4. The private respondents herein who also claim to have interest in the Muslim Orphanage and who desire that the fresh members also be enrolled and the election be held in terms of the membership list that would be drawn thereafter have got themselves impleaded to these petitions. Apart from questioning the locus of the petitioners to challenge the impugned communication, it is contended that the list of members as relied on by the petitioners cannot be considered to be authentic. Though Clause 7 of the Constitution of the Orphanage is referred to, it is contended that since the Orphanage is under the direct management of the first respondent, the powers of the Executive Committee can be exercised by the Board through the Administrator. Respondents No. 3, 4 and 5 and other persons had submitted applications dated 20.07.2013 to the Executive Officer for enrollment as members, but the second respondent has not considered the same, The fourth respondent contends to be a life member but ever since his enrolment as a life member on 10.06.2009, he has not received any notice or intimation of the General Body Meeting. It is averred that the earlier Executive Committee was elected on 23.06.2007 and its term of three years expired on 22.06.2010, as such the vacancy in the management arose on 23.06.2010. Accordingly, the first respondent assumed direct management on 13.10.2010. Since the said order is not under challenge, the petitioners cannot make out any grievance at this juncture. It is only at the stage when the election was to be held after enrollment of members as permitted by the first respondent, the petitioners are before this Court and being ex-executive co