The central legal point established in the judgment is the requirement for fair enquiry and proper procedure before removing office bearers, as mandated by the Wakf Act.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned proceedings vide Se.Mu.Order:4367/A3/21/Siva, dated 14.09.2021 passed by 2nd respondent and quash the same.)

The petitioners, who are the Secretary, Treasurer, Vice President and Joint Secretary of the A1 Jamiul Munavvar Masjid Jamath Committee Wakf, Kattuthalaivasal, Karaikudi, have filed this Writ Petition challenging the proceedings in Se.Mu.Order:4367/A3/21/Siva, dated 14.09.2021 passed by 2nd respondent.

2. For the sake and convenience and clarity, the A1 Jamiul Munavvar Masjid Jamath Committee Wakf, Kattuthalaivasal, Karaikudi is referred to as 'Jamath Committee'.

3. The case of the petitioners is that the Jamath Committee Wakf is notified and registered wakf in G.S.No.235/RMD/2021 under the supervisory control of the Tamil Nadu Wakf Board. The Jamath committee used to perform religious duties of Muslim community people for several years and there are more than 400 families attached to the Jamath Committee. Since inception, the Jamath Committee members for the petitioners' wakf are selected during the General Body Meeting by way of voice voting. Announcement of General Body Meeting and election for committee members for the Petitioners' Wakf will be made for two weeks prior to election and selection will be made by the members of the Petitioners' Wakf by voice voting at the General Body Meeting in presence of the 3rd respondent and the Inspector of Wakf. Further, the selection of the committee members will be authorized by the 3rd respondent and Inspector of Wakf and then it will be sent to the 1st respondent for approval and for recording the election process. Accordingly, the elected committee members will hold the office for a period of three years. The last election was conducted on 08.04.2021 in the General Body Meeting and accordingly, the petitioners and the 4th respondent were elected as Officer Bearers. Subsequently, as a regular practice, the election committee members selected the office bearers and executive members. After the election, the members of the Wakf conducted general meeting twice on 26.06.2021 and 15.08.2021 under the Chairmanship of the 4th respondent. The minutes of the meeting was recorded.

4. While being so, it came to the knowledge of the petitioners and Jamath Committee members that few people with malafide motive to create havoc due to their personal differences, sent a representation to the 2nd respondent to change the management of the Petitioners' Wakf without the knowledge of the existing officer bearers. Subsequently, the 4th respondent, as a President and Jamath Committee members sent representation, dated 09.09.2021 to the 2nd respondent not to take any action based on the request made by some unauthorized persons and further informed that if any change is required in the committee members of the Wakf, it can be done calling for a general body meeting to decide the same. Without considering the representation of the 4th respondent and Jamath Committee members and without conducting proper enquiry, following due process and procedure of law, the 2nd respondent passed impugned proceedings in Se.Mu.Order:4367/A3/21/Siva, dated 14.09.2021 removing the petitioners from their post and replacing them with other four members viz., I.Mujibur Rahman as Vice President, A.Noor Mohamed as Secretary, A.Abubacker Siddiq as Joint Secretary and P.Nagooran as Treasurer and retained the 4th respondent as President. Aggrieved on the above said order, the 4th respondent, President of the Jamath Committee sent another representation, dated 20.09.2021 to the 2nd respondent informing that the office bearers were selected in the General Body Meeting on 08.04.2021 in the presence of 3rd respondent and the Inspector of Wakf. Furtherance to the impugned order, the 1st petitioner received a letter, dated 15.09.2021 from A.Noor Mohamed callin