MOHAMMED SHAFFIQ
Mohammed Yusuf – Appellant
Versus
Tamil Nadu Wakf Board – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to permit the petitioner to administer the Mohideen Jumma Pallivasal Wakf, Sambankulam, till a newly elected administrative committee of the Wakf takes over in light of the order dated 20.12.2011 made by this Court in W.P(MD) No.14276 of 2011.
The common issue that arises for consideration in this batch of Writ Petitions and Civil Revision Petition is whether the Tamil Nadu Wakf Board (hereinafter referred to as the “Board”), as defined under Section 3(c) and incorporated under Section 13 of the WAKF ACT , 1995 (hereinafter referred to as the “Act”) or the Chief Executive Officer (hereinafter referred to as “CEO”) appointed under Section 23 of the Act has the authority/power to hold/control elections to individual Wakfs/auqafs or interfere with electoral issues in terms of the provisions of the Act.
2. Brief Facts:
Before proceeding to deal with the issue/question which is common it may be relevant to give an overview of the facts that may be relevant.
2.1 WP (MD) Nos. 24058 of 2018 and 13695 of 2020:
The Writ Petition in W.P.(MD).No.240
B. Shankara Rao Badami v. State of Mysore (1969) 1 SCC 1
Bidi Leaves and Tobacco Merchants' Association v. State of Bombay
Gurdwara Sahib v. Gram Panchayat Village Sirthala (2014) 1 SCC 669
Municipal Corpn. of Delhi v. Gurnam Kaur
Maharaja Chintamani Saran Math Shahdeo v. State of Bihar AIR 1999 SC 3609
Padma Sundara Rao v. State of T.N. (2002) 3 SCC 533.
RBI v. Peerless General Finance & Investment Co. Ltd.
Ravinder Kaur Grewal v. Manjit Kaur
Satyavir Singh v. Union of India
State of Rajasthan v. Mahaveer Oil Industries (1999) 4 SCC 357
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