JUDGMENT :

The appellant filed this application to set aside the entire process of election adopted or followed by respondents 1 to 3 as well as pronouncing the fourth respondent herein as a ‘successful returned candidate’ who is not even eligible to contest the election to the Tamil Nadu Wakf Board as contrary to Rule 23(2) of Tamil Nadu Election Conduct Rules, 1997, by results dated 10.10.2017, G.O.(2D).No.24 of the 1st respondent as null and void.

2. The appellant herein is the President of Masjid Al Haramain, Selaiyur for composition of a new Wakf Board, since the tenure of Board has come to cessation by virtue of efflux of time stipulated in terms of the statutory provisions under Section 19 of the Wakf Act, 1995. In pursuance thereof, notification dated 05.09.2017, bearing No.574 was issued by the Election Authority/Secretary to Government, Backward and Most Backward Classes Chennai, for conducting election amongst the Muthawallis of the wakf having income of more than Rs.1,00,000/- per annum for Constitution of the Wakf Board in terms of Rule 2(13) of Tamil Nadu Election Conduct Rules, 1997, for electing two members as the elected members and the dates also fixed to file nomination up to preparation of the final electoral roll from 07.09.2017 to 19.09.2017.

3. In exercise of powers conferred under Rule 2 (13) of Tamil Nadu Election Conduct Rules, 1997, pursuant to the notification published in the Tamil Nadu Gazette cited supra, Mr. A.M. Aandiappan, Deputy Secretary to Government, Chennai and Mr. S. Syed Khaseem, Under Secretary to Government, were appointed as the Returning Officers. Originally, there was an electoral roll comprising the Muthawallis of the Wakfs having income of Rs.1,00,000/- and above numbering 956, who were found to be eligible and the same was published on 19.07.2017 and the final list was prepared with 958 eligible persons on 30.08.2017, after deletion/inclusion of some Muthawallis without any valid reasons and some additions were also made in the final electoral roll by including the name of the fourth respondent herein (hereinafter called as ‘returned candidate’).

4. The learned counsel for the appellant submitted that the said returned candidate has not been recognised by the Tamil Nadu Wakf Board as a Muthawalli, in view of certain clandestine acts perpetuated by him in relation to maintenance of accounts pertaining to Wakf properties. Furthermore, Wakf Application No.5 of 2014 filed by one K. Sadiq Hussain with regard to the above election is also pending for pronouncement of orders by the Wakf Board.

5. It is further submitted that contrary to Rule 2(13) of Tamil Nadu Election Conduct Rules, 1997, without any substantial basis, the fourth respondent herein/returned candidate has been included in the final electoral roll which is supplementary by virtue of proviso to Rule 2(13) of the Act. After the declaration of result of election, if a candidate who has contested the election or a voter whose name is included in electoral roll is aggrieved of election malpractices or procedures prescribed in these rules or on election of a candidate may file an appeal within 30 days before the High Court.

6. The appellant herein, who contested the election but get defeated is bound to prove that returned candidate as a disqualified person, who became the member in the electoral roll in contravention to the Rule relevant to (Tamil Nadu Election Control Rules). So he prayed to pass an order to set aside the entire process of election adopted by the respondents 1 to 3 as well as pronouncing the 4th respondent herein as successful returned candidate as null and void and pass a suitable orders as to (i) Whether the respondents 1 to 3 miserably erred in accepting the returned candidate to include in the final electoral roll to facing punitive action before the Wakf Board in Application No.5 of 2014? and (ii) Whether the authority not followed Rule 2(13) of the Tamil Nadu Election Control Rule and the final electoral ro