The main legal point established in the judgment is the court's intervention to facilitate the election process due to the non-functionality of the Waqf Tribunal and the irregularities in the preparation of the voter list, including the exclusion of female members and bonafide donors.

JUDGMENT :

W.P.(C) No. 2044 of 2022 has been preferred for directing the Chief Executive Officer, Jharkhand State Sunni Wakf Board (respondent no.8) to conduct fair and transparent election of the Anjuman Islamia, Ranchi (hereinafter referred as “the said Waqf”) and to restrain the Chief Election Convenor, Election Committee, Anjuman Islamia, Ranchi (respondent no.6) as well as Member, Election Committee, Anjuman Islamia, Ranchi (respondent no.7) to conduct the said election. Further prayer has been made for issuance of direction upon the respondent no.6 to provide the documents relating to criteria of acceptance and rejection of applications of the voters whose names exist in the voter list of the said Waqf. The petitioner has also prayed for issuance of direction upon the respondent no. 3 to enquire the conduct of the respondent nos. 6 and 7 in preparation of the voter list and submit report as to who can be the bonafide voters as per Bye-laws of the said Waqf.

2. W.P.(C) No. 4307 of 2021 has been filed for setting aside the notification issued for conducting Election, 2021 of Anjuman Islamia, Ranchi (Waqf No.-1701) and also for setting aside the press release issued by the respondent no.3. Further prayer has been made for setting aside the said election process and to dissolve the present election committee. The petitioner has also prayed for directing the Jharkhand State Sunni Waqf Board to supersede the adhoc committee of Anjuman Islamia which has completed its tenure on 21.04.2021 and to further direct the Waqf Board to constitute a new adhoc committee so as to conduct the said election in fair and transparent manner.

3. Mr. Anil Kumar Sinha, learned senior counsel appearing on behalf of the petitioners in both the writ petitions, submits that the outgoing committee of the said Waqf, whose term had already expired on 21.04.2021, constituted a 10-members election committee headed by Dr. Syed Iqbal Hussain [the respondent no.6 of W.P.(C) No. 2044 of 2022] in violation of the Bye-laws of the said Waqf. The said respondent issued notification for the purpose of conducting Election-2021 of the said Waqf vide notification no. AI/RAN/EC/65 dated 06.11.2021 whereby election schedule was notified in contravention of clause-21 of the Bye-laws of Anjuman Islamia as no committee was formed for redressal of the grievances of the complainants raised before the respondent no.6. It is further submitted that the respondent no.7, who is also Imam of Iqra Masjid and temporary teacher of Maulana Azad College operated by the Anjuman Islamia, is the member of election committee and as such he could not have been selected as a member of the election committee. The respondent no.7 is campaigning for a particular candidate which raises doubt on his credentials. A complaint was made to the respondent no. 3 on 06.11.2021 by an organization namely Aryan Help Line stating that there were several irregularities in the voter list prepared by the respondent nos. 6 and 7 since the members of existing organizations have not been made voters, whereas the members of non-existing organizations have been included in the voter list. Moreover, several persons who have donated in the said Waqf through various modes have not been made members of ‘Majlis-e-Muntazima’. The respondent no. 6 has added those persons in the voter list whose organizations do not come under the jurisdiction of said Waqf or those whose organizations have not even been established. It is also submitted that women can also be the members of ‘Majlis-e-Muntajima’ but the respondent no.7 has not included their names in the voter list in spite of applications filed by them undermining the fact that equal status has been given to women in the Constitution of India. Further, the respondent no. 7 has not taken steps to form a committee for redressal of grievances, if any, raised regarding election of Anjuman Islamia which suggests that he is in a hurry to conduct the election of the said Waqf in vio