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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, MURALEE KRISHNA S.
Mundakkayam-Varikkani Muslim Jama-ath – Appellant
Versus
Kerala State Waqf Board – Respondent
| Table of Content |
|---|
| 1. background of proceeding (Para 1) |
| 2. arguments regarding voter eligibility (Para 2 , 4 , 5) |
| 3. court's analysis on elections and objections (Para 3 , 6 , 7) |
| 4. final ruling on the petition (Para 8) |
JUDGMENT :
Amit Rawal, J.
1. The present petition is directed against the interim order dated 25.04.2025 of the Wakf Tribunal in I.A. No.515 of 2024 in pending W.O.A. No.52 of 2024 preferred against the interim order of the Wakf Board dated 08.05.2024 in O.P. No.88 of 2023. The petitioner Jama-ath is a bifurcated Jama-ath and application for registration is pending adjudication before the Wakf Board. The term was over in 2019, however, after waiting for two(2) years, the member of the Jam-ath had filed O.P.No.88 of 2023 before the Wakf Board for holding of the audit as well as election of the bifurcated Jama-ath namely Mundakkayam Varikkani Muslim Jama-ath. During the pendency of the aforementioned petition, an I.A. was filed for appointment of the returning officer. The said application was allowed vide order dated 08.05.2024 whereby Adv.Muhammed Puzhakkara was appointed as returning officer for conducting the election to the aforementioned Jama-ath through a secret ballot
Electoral procedural integrity must be maintained, and objections concerning voter eligibility must be resolved adequately to ensure timely elections.
The right to contest elections is not guaranteed by mere inclusion in the voters' list; election disputes under the Waqf Act must be adjudicated by the Waqf Tribunal.
It is always open to challenge the outcome of election before the competent forum, and courts ordinarily do not interfere with ongoing election process unless strong and compelling reasons exist.
The Court affirmed that judicial review under Article 226 ensures fair elections, emphasizing the need for accurate voters' lists and allowing intervention only to rectify significant irregularities.
An interim order should not effectively grant the main relief sought in a writ petition, as it undermines the judicial process.
The court affirmed that voter eligibility disputes in cooperative elections should be resolved through election petitions, not writ petitions, emphasizing the Presiding Officer's limited authority in....
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