The main legal point established in the judgment is that the Wakf Board has the authority to conduct elections for Wakf properties as per the scheme decree, and individuals cannot claim rights to continue in office after the expiry of their terms without timely compliance with the election process.

Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent.

2. The revision has been preferred, challenging the order dated 20.03.2008 made in I.A. No.47 of 2006 in W.O.P. of 2006 in O.S. No.34 of 1936 on the file of the Principal Subordinate Judge (Wakf Tribunal), Salem, whereby the Wakf Tribunal had dismissed the plea of the petitioner to conduct election for the Salem Shaharsha Makkan Majid Trust Board, by appointing an advocate commissioner.

3. It is seen that the interlocutory application in I.A. No.47 of 2006 was filed by the petitioner herein before the court below with the following prayer:

"Therefore it is just and necessary that this Hon'ble Court may be pleased to appoint a Court Commissioner to conduct fresh selection for the Salem Shaharsha Makkan Majid Trust Board, Mulluvadi, Salem-7 according to the scheme decree framed in O.S. No.34 of 1936 and otherwise I will be put to great loss and hardship and thus render justice."

4. It is seen that in the scheme suit filed in O.S. No.34 of 1936, a scheme decree was passed by the Subordinate Judge, Salem on 10.12.1938 as follows:

"It is hereby declared that the properties specified in the schedule described here under belong and pertain to the trust of Shakkar Shah Durgah and a Makkan which are situate on T.B. No.1174-A in Salem Town.

And it is hereby decreed that the following scheme shall govern the management and control of the Durgah.

(i) That the funds and properties of the suit trust i.e. the Shakkar Shah Durgah, shall vest in and be administered by five trustees who shall hold office for five years and be elected by the adult male Mohamadan residents of Salem and Shevapet present at a general meeting to be convened once in every five years by the said trustees at convenient times and places and after due advertisement. That the election must take place atleast one month before the term of the trustee expires.

(2) That the first trustees shall be plaintiffs 3 to 5 in the suit and I. Ghouse Khan Sahib and H. Dawood Khan Sahib who have been elected in place of plaintiffs 1 and 2 and they shall hold office for a term of five years from the date of this decree.

(3) That the trustee shall arrange for the upkeep and maintenance of the Durgah and the carrying out of the annual urus of the saint and other functions and festivities mentioned in para 5 of the plaint in the traditional and customary manner and to the extent the funds and income at their disposal admit. That they shall furnish within three months an estimate of the expenses proposed to be incurred during the current year giving particulars in court for sanction. That the subsequent budgets be modelled on that budget and shall require no further sanction.

(4) That the trustees shall draw the amount payable to them under the compromise decree in L.A.C. No.12 of 1937 in this court and invest the amount in some recognized bank.

(5) That the trustees shall be at liberty to draw the amount spent by them in connection with this litigation from the above amount after getting the sanction of the court.

(6) That the trustees shall keep cash in hand not exceeding Rs.50/-. All other amount should be kept in Bank. That expenses above Rs.50/- must be made by the issue of cheques.

(7) That the trustees shall have power to frame by-laws for the internal management of the trust properties and the carrying out of their duties including the election of a president, a secretary or an ex-officio trustee or other officer among themselves for such periods and with such functions and duties as may be determined by them.

(8) That the trustees shall be in possession of all properties of the Durgah and shall have power to lease them for periods not exceeding five years at a time.

(9) That the trustees shall have power to institute and take proceedings in Courts for obtaining possession of other properties belonging to the Durgah and now in the hands of others, for setting aside