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2021 Supreme(Mad) 1143

T.V.THAMILSELVI
A. V. Sirajudeen – Appellant
Versus
Secretary to Government of Tamil Nadu/Election Authority, Backward Classes, Most Backward Classes and Minorities Welfare Department – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Haja Nazrudeen for Mr. Hari Babu.

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 nomin

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