The court emphasized the authority of the Wakf board to conduct elections and the specific purpose and duration of the Adhoc Committee's appointment.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent in his proceedings in , dated 03.08.2022 quash the same as illegal and consequentially directing the first respondent to hold elections to the Jamia Masjid Waqf, Thoothukudi to elect its office bearers in conformity with the Bye-Law framed by the first respondent in Na.Ka.No.GS269/T.Veli/Wa.Ka/Thu.Kudi, dated 04.08.2018 under First respondent resolution Item No.80/18 Na.ka.No.813/08/A1/thoo.Kudi/dated04.12.2018 published in the Gazette, dated 13.02.2019 and in strict compliance of the order made in W.P(MD)No.6245 of 2022, dated 05.04.2022 within the time that may be stipulated by this Court.)

1. The petitioner filed this writ petition seeking for quashing the impugned order passed by the second respondent in his proceedings in , dated 03.08.2022.

2. The petitioner is the Ex-Secretary of Jamia Masjid, Thoothukudi and General Body Member of the said Mosque. As per the impugned order, dated 03.08.2022, the second respondent appointed seven members as interim committee to administer the Masjid. The above mentioned Mosque was established in the year 1955 as per the proforma approved by the Assistant Commissioner of Wakf, Tirunelveli. In the above mentioned Mosque, the executive body consisting of 13 Mahallas and 21 executive members. There are about 10,000/- Muslim families permanently residing in Tuticorin. The Jamia Masjid Mosque Wakf is a notified Wakf in G.S.No.269 under Section 6 of the Wakf Act, 1995.

3. The president, namely, M.Shahul Hameed of the above mentioned Mosque indulged in misappropriation during his period from 23.05.2012 to 22.05.2015. The first respondent taken over the direct management by his resolution in Rc.No.813/08/B1/Tuti, dated 18.08.2015 and the same was published in Tamil Nadu Gazette Publications. The second respondent by his proceedings, dated 30.10.2015 without framing the scheme directed to conduct election proceedings without any delay.

4. The Jamath Committee members belonging to the above mentioned Mosque, one Najimudeen challenged the proceedings, dated 30.10.2015 passed by the second respondent in W.P.(MD)No.20861 of 2015 and the same was allowed. After the receipt of the copy of the order, the first respondent framed a scheme/Bye Law for the above mentioned Mosque and 21 members were also appointed for 13 Mahallas and the same was published in the Tamil Nadu Government Gazette, dated 13.02.2019 by the first respondent. In the meanwhile, the members of the Jamath preferred a representation to the respondents to prepare the eligible voters list for the Jamiya Masjid Mosque before announcing the election. The same was not considered by the respondents. Hence, a writ petition was filed by one of a member, namely, Samsudeen in W.P.(MD)No.6690 of 2017 seeking to prepare the eligible voters list of the Jamiya Masjid Mosque, Tuticorin before announcing election to the administration committee of the Jamath and the same was disposed of on 16.07.2020. Thereafter, the petitioner preferred a representation to the respondents requesting them to prepare the eligible voters list of the Jamiya Masjid, Tuticorin before announcing election to the administration committee. The petitioner submitted that even though the eligible voter list of the Jamia Masjid Mosque was issued by the third respondent, they are not conducted any election from the year 2015 to 2022 inspite of repeated representation by the nine Mahallas of the Jamath. The Executive Committee Jamath on 23.09.2021 requesting the first respondent to conduct election through proper procedure.

5. The petitioner filed a writ petition before this Court in W.P(MD)No. 6245 of 2022 seeking direction to hold election to the Jamia Masjid Waqf, Thoothukudi to elect its office bearers in conformity with the Bye-Law framed by the first r