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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, P. KRISHNA KUMAR, JJ
Kottakkal Muslim Jama-Ath, Represented By Its General Secretary Muhammed Asharaf – Appellant
Versus
Kerala State Waqf Board, Represented By Its Chief Executive Officer – Respondent
JUDGMENT :
(Bechu Kurian Thomas, J.)
The General Secretary of the Kottakkal Muslim Jama-ath has filed this writ petition on behalf of the said Jama-ath, challenging the elections proposed to be conducted as per Ext. P2 order issued by the Kerala State Waqf Board. Petitioner also seeks a direction to ensure that the election is conducted strictly in accordance with the bye-laws and the membership list submitted by the Jama-ath on 15.04.2025.
2. The Kottakkal Muslim Jama-ath Committee was elected in the year 2014, and its term expired in 2017. Thereafter, the said Committee is continuing without conducting any elections. Consequently, 15 individuals approached the Kerala State Waqf Board in O.P. No. 269 of 2024 and by order dated 25.03.2025, the second respondent was appointed as the Returning Officer and was directed to conduct elections in a time-bound manner after complying with all procedural requirements. In the meantime, petitioner, who has been continuing as the General Secretary from 2014 onwards, approached this Court alleging that the Returning Officer had inducted strangers as members of the Jama-ath. It is contended that the proposed election, based on the voters list publis
Challenges to electoral processes should be made post-election results, allowing the electoral process to proceed without judicial interference.
Courts shall be slow in interfering with election when the process has commenced and shall permit the electoral process to continue.
A petitioner can withdraw a writ petition under Article 226 without prejudice to their rights to seek statutory remedies.
Election process per court directions continues; individual objections handled by Waqf authorities and Advocate Commissioner.
A writ petition cannot be maintained under Article 226 for electoral matters concerning Waqf, suggested alternative forums for relief.
The court emphasized the authority of the Wakf board to conduct elections and the specific purpose and duration of the Adhoc Committee's appointment.
Judicial intervention in administrative decisions is limited when appropriate relief avenues within the administrative body remain available.
Waqf election disputes and disqualifications under Section 83 must be adjudicated by Waqf Tribunal, not writ court.
Electoral procedural integrity must be maintained, and objections concerning voter eligibility must be resolved adequately to ensure timely elections.
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