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2023 Supreme(Kar) 348

KRISHNA S.DIXIT
Raufuddin Kacheriwalay, S/o. Md. Yousufuddin – Appellant
Versus
State of Karnataka, Minority Welfare, HAJ and Wakf Department – Respondent


Advocates Appeared:
For the Petitioner: Sri. Mohamad Tahir A.
For the Respondents:Sri. Shashi Kiran Shetty, Advocate General a/w Sri. S. Ismail Zabiulla, AAG; Sri. Mushtaq Ahmed Abdul Khadar.

ORDER :

Petitioners being the nominated members of the State Haj Committee (hereafter ‘K-SHC’) constituted in terms of section 18 of the Haj Committee Act, 2002, vide Notification 20.01.2020 are seeking directions at the hands of the Writ Court as under :

    “(a) A writ of Mandamus or any other writ or order directing the Respondent No.1 & 2 to not to disturb the functioning of the Petitioner No.1 as Chairman and Petitioner No.2 to 10 as members of the Karnataka State Haj Committee (Respondent No.3) till completion of their term of three years i.e., till 06.07.2024, in the Interest of Justice and Equity.

(b) A writ of Mandamus to declare that the term of the Petitioners as members of the Karnataka State Haj Committee (Respondent No.3) for a period of three years has commenced from 07.07.2021 “ANN-D and will end on 06.07.2024,” in the interest of Justice and Equity.”

2. Learned counsel for the petitioners argued that the tenure of the Chairman of Committee is three years as prescribed under section 21(4) of the Act; such election ought to have been held within 45 days as provided under section 21(3) of the Act; however, it was held belatedly that too with the intervention of this court in

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