IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar, J.
Federal Anjuman Islamia (in 35) Aquilur Rahman (in 6126) - Petitioner
Vs.
The State of Jharkhand through the Ministry of the Welfare Minority & Ors. - Respondent
WP(C) Nos. 35 and 6126 of 2017
Decided On : 13-12-2017
Rajesh Shankar, J.
Both these writ petitions have been filed with the fallowing prayers:-
(i) For quashing the Anjuman Islamia Election 2016-17 which has been announced by the press conference dated 22.10.2017 and the date of polling has been fixed as 5th November, 2017.
(ii) For quashing of the letter no. 309 dated 20.10.2016 and letter no. W.B. 5/2009 316 dated 28.10.2016 issued by the Chief Executive Officer (CEO), Jharkhand State Sunni Waqf Board (in short to be referred as 'the Board') whereby the outgoing committee of the Anjuman Islamia Waqf (in short to be referred as 'Waqf') has been appointed as an Ad hoc Committee and has been empowered to look after the matter of term end election of waqf till 31.12.2016.
(iii) For quashing of the entire terms of election process 2016 of Waqf and directing the Board to supersede the Ad hoc Committee of Waqf and to take charge till the constitution of new Committee.
(iv) For quashing the appointment of the Election Convener of the Waqf by the Ad hoc Committee.
(v) For quashing the fake voter list and for a direction to the respondents to prepare fresh voter list and to conduct the election in fair and transparent manner.
(vi) To constitute a high revel committee under the provisions of the byelaws of the said waqf who will look after the dispute of voter list.
2. The factual background of the case as emerges from the writ petition is that the Anjuman Islamia Waqf is a registered body governed by its own rule and regulations. As per the bye-laws of the said Waqf, the election of the executive committee is to be held at the interval of three years. The present committee of Waqf expired on 29.9.2016 which was headed by the President Shri Ibrar Ahmad. However, at the fag end of the committee, the President made amendment in the byelaws and after calling a meeting of Mazlishe Aamla on 7.8.2016, appointed one Md. Alluddin Ansari as Chief Election Convener for 2016 election of Waqf, two Deputy Election Convener namely Md. Hasib Akhtar, Ex-Deputy Development Commissioner and Md. Rizwan. The CEO of the Board vide letter no.309 dated 20.10.2016 found that the amendment in the tenure of the working committee of Waqf from three years to five years is violative of Section 67 of the Waqf Act, 1995 (Act, 1995), Clause 52 of the Jharkhand Waqf Rules, 2004 and also Rule 58(1) of the Central Model Rules, 2016. It was further directed that the election of the Anjuman Islamia shall be conducted according to the old bye-laws and has to be completed till 31.9.2016. Since the voter list was not verified, the election was not held till 31.9.2016. The Chief Election Convener of Anjuman Islamia namely Alluddin Ansari resigned from the post and thereafter Hasib Akhtar (respondent no. 10) was appointed as election convener. The Board vide letter no. 316 dated 28.10.2016 addressed to the Deputy Commissioner, Ranchi informed inter alia that the new amendment of the bye-laws of Anjuman Islamia has been turned down and the election will be held under the old bylaws. The Deputy Commissioner, Ranchi vide letter no. 2310 dated 10.11.2016 authorized the Sub-Divisional Officer, Sadar and Land Reforms Deputy Collector, Ranchi for verification and scrutiny of voter list. Thereafter, the respondent no. 10 vide letter no. 1966 dated 25.11.2016 informed the Board that a meeting was called by Sub-Divisional Officer, Ranchi on 24.10.2016 at his office and a direction has been given to prepare fresh voter list and fixation of schedule of election of Anjuman Islamia, Ranchi. Accordingly, a fresh schedule of election was prepared and the last date of submission of application form for voter list and membership for the year 2016 has been extended from 15.11.2016 to 30.11.2016 and the time for preparation of voter list has also been extended from 22.11.2016 to 22.12.2016. The respondent no. 10 also intimated the Board that several complaints have arrived and it is not possible to dispose of all the complaints within a short span
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