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2015 Supreme(Kar) 184
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S. ABDUL NAZEER, J.
JUMMA MASJID AKKARANGADI JAMATH COMMITTEE PANEMANGALORE, BANTWALA TALUK - PETITIONER
Vs.
THE KARNATAKA STATE BOARD OF WAKF & ORS. - RESPONDENTS
WRIT PETITION No.55746 OF 2014 (GMWAKF)
Decided On : 13-1-2015
Advocate Appeared:
SRI B.LATHIF, ADV.
SMT. S.R.ANURADHA, ADV. FOR R1 & R2 SRI PADMANABHA MAHALE, SR. COUNSEL FOR SRI MOHAMMED TIPPU SULTAN, ADV. FOR R3, R5, R9, R11 & R13 SRI SYED SUHAIL ALI, ADV. FOR R4 SRI PRASANNA.V.R, ADV. FOR R10 & R12
The Wakf Board has the power to constitute an adhoc committee to manage the affairs of the Wakf institution and to hold elections, in accordance with the provisions of the Wakf Act, 1995.
Headnote:
Wakf Board - Management Committee Dispute - The court upheld the validity of the adhoc committee constituted by the Wakf Board to manage the day-to-day affairs of the Wakf institution and to hold elections, in exercise of powers conferred under Section 32(2)(o) of the Wakf Act, 1995. The adhoc committee was directed to frame a scheme in conformity with the model bye laws of the Wakf Board or adopt the said byelaws and send the same to the Wakf Board for approval within a period of four weeks from the date of the judgment.
Fact of the Case:
The petitioner challenged the validity of the order passed by the Karnataka Board of Wakfs constituting an adhoc committee for managing the affairs of the Wakf institution.
Finding of the Court:
The court found that the Wakf Board was justified in constituting an adhoc committee to manage the affairs of the Wakf institution and to hold elections, as the previous committee's term had expired.
Issues: Validity of the adhoc committee constituted by the Wakf Board and the term of the previous committee.
Ratio Decidendi: The court held that the Wakf Board, in exercise of its powers under Section 32(2)(o) of the Wakf Act, 1995, was justified in constituting an adhoc committee to manage the Wakf institution until a new committee is elected.
Final Decision: The writ petition was disposed of, and the adhoc committee was directed to frame a scheme in conformity with the model bye laws of the Wakf Board or adopt the said byelaws and send the same to the Wakf Board for approval within a period of four weeks from the date of the judgment. The previous committee was directed to hand over the accounts to the adhoc committee forthwith. The court dismissed I.A.No.1/2015 as it did not survive for consideration.
Though this matter is listed for orders, by consent of the learned counsel appearing for the parties, it is taken up for hearing, heard and disposed of by this order.
2. In this case, the petitioner has called in question the validity of the order passed by the Karnataka Board of Wakfs at Annexure ‘A’ dated 26.11.2014 constituting an adhoc committee for managing the day today affairs of the Wakf institution namely, Jumma Masjid, Akkarangadi Panemangalore, Bantwala Taluk, D.K. District – 574231.
3. I have heard the learned Counsel for the parties.
4. The contention of the learned counsel for the petitioner is that a committee has already been constituted in terms of the resolution at Annexure-B dated 25.10.2013 for a period of three years. The term of the said committee is upto the year 2016. Therefore, the Wakf board is not justified in constituting an adhoc committee.
5. Learned Senior Counsel appearing for respondent Nos.3, 5 to 9, 11 and 13 submits that the committee was constituted for a period of one year. Since the said period has expired, the Wakf board has constituted an adhoc committee to manage the affairs of the Wakf institution and also for holding the elections.
6. It is evident from the resolution at Annexure-B that a committee was constituted for managing the affairs of the Wakf institution. The committee has sent the list of office bearers to the Wakf board for approval as per the communication at Annexure-E. Perusal of the communication at Annexure-E clearly indicates that the office bearers were appointed for the year 201314. There is no merit in the contention of the learned counsel for the petitioner that committee was appointed for a period of three years.
7. The Wakf Board in exercise of the powers conferred under Section 32(2)(o) of the Wakf Act, 1995, has constituted an adhoc committee as an interim measure to manage the day today affairs of the committee and for holding the elections. I do not find fault with the same because the Wakf institution has to be managed till the new committee is elected. Therefore, I direct the present adhoc committee to frame a scheme in conformity with the model bye laws of the Wakf Board or adopt the said byelaws and send the same to the Wakf Board for approval within a period of four weeks from today. After receipt of the byelaws as above, the Wakf Board is directed to consider its approval and appoint a Returning Officer to hold the elections to the Wakf institution within a period of four weeks from the date of the approval of the bye laws. The election shall be held within four weeks from thereafter. The previous committee is directed to hand over the accounts to the present adhoc committee forthwith. Writ petition is disposed of accordingly.
8. In view of the disposal of the writ petition as above, I.A.No.1/2015 does not survive for consideration. It is accordingly dismissed. No costs.
