SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Ker) 476

T.B.RADHAKRISHNAN, SUNIL THOMAS
C. K. ABDUL LATHEEF – Appellant
Versus
ADV. K. M. HANEEFA RETURNING OFFICER, PALLUNNIPADAM HOUSE – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. N.M. MADHU, SMT. C.S. RAJANI.
For the Respondent: SRI. K. SHIBILI NAHA, SC, KERALA STATE WAKF BOARD.

JUDGMENT

Thottathil B. Radhakrishnan, J.

We have heard the learned counsel for the petitioners and the learned Standing Counsel for the Wakf Board.

2. Petitioners are at the midst of facing an election to a Mahal Committee. The election is being carried through the returning officer under orders of the Wakf Board. On the premise that an application has been filed before the Wakf Board alleging that the electoral process is not in accordance with the by-laws, this original petition is filed invoking Article 227 of the Constitution, as if it is one seeking interference in supervisory jurisdiction. The authority to which proceedings may lie from actions and orders from the Wakf Board is the Wakf Tribunal. No proceeding is pending before the Wakf Tribunal. Be that as it may, it is trite law that, in matters relating to elections, the Courts and other authorities will keep their hands off and permit the electoral process to continue since any challenge to an election conducted, or to the election of a particular person, can be had only after the declaration of results. The allegation that the electoral process is not going through in accordance with the provisions of by-laws is not a matte



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top