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2009 Supreme(Mad) 529

R.BANUMATHI
K. M. Jalaludeen & Others – Appellant
Versus
The Tamil Nadu Wakf Board, rep. by its Secretary & Others – Respondent


Advocates Appeared:
For the Petitioners:V. Selvaraj, Advocate.
For the Respondents:R1 & R2, V. Lakshminarayanan, R3, N.G.R. Prasad, R. Malaichamy, Advocates.

Judgment :-

Petitioner seeks Writ of Certiorari to quash the orders of the 1st Respondent dated 012. 2003.

2. The issue relates to conduct of election of Sankarankovil Muslim Jamath Executive Committee. The dispute relates to conduct of election whether by secret ballot or by raising of hands.

3. There has been a scheme decree passed by the Sub-Court, Tuticorin in O.S.No.57/1951 for the management of Periapalli Vasal at Sankarankovil. Executive Committee has been functioning from 1973. Muslim members of 18 years and above of the Muslim community in Sankarankovil area will constitute the voters to the General Body of the Committee. These members shall be the electorate to elect from among themselves the members of the Managing Committee.

4. Hitherto the election was conducted to the Committee by raising of hands under the supervision and direction of the President of the Committee. Successful candidate was to be announced by the President then and there and this was in vogue for more than three decades.

5. First Petitioner in the Writ Petition was elected as President of the Executive Committee for the first time during 1993. Thereafter, first Petitioner continued to be the Presi





































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