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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
Syed Mazhar Hussain – Appellant
Versus
Tamil Nadu Waqf Board, Rep by its Chief Executive Officer – Respondent
| Table of Content |
|---|
| 1. challenging election legality under waqf act. (Para 1 , 2 , 3 , 4 , 5) |
| 2. claims on descendants' status in elections. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court’s review of waqf tribunal’s authority. (Para 11 , 12 , 13 , 14 , 15) |
| 4. historical context and validity of genealogical claims. (Para 16 , 17 , 18 , 19 , 20) |
| 5. genealogy admissibility and relevance principles. (Para 21 , 22 , 23 , 24 , 25) |
| 6. final directive on elections under bye-laws. (Para 26 , 27 , 28 , 29) |
ORDER :
(N. SATHISH KUMAR, J.)
Challenging the orders passed by the Tamil Nadu Waqf Tribunal, Chennai dated 25.04.2024 made in O.A.Nos.31, 79, 79 & 79 of 2022, the present revisions have been filed.
2. O.A.No.79 of 2022 has been filed under Section 83(1) and (2) of the Waqf Act, 1995 (as amended in 2013) seeking for a declaration, to declare that the election as conducted by the 2nd respondent dated 03.10.2021 and the subsequent proceedings of the 2nd respondent dated 08.10.2021 and 12.10.2021 in electing the applicants 1 to 4 and the respondents 3 to 12 as null and void, illegal and contrary to the by-laws of the Dadasha Makkan Waqf and set aside the same; to declare that the selection of 5th respondent dated 03.
Elections conducted under Waqf bye-laws must adhere to established procedures, and genealogical claims regarding descendant status cannot be retroactively challenged after decades, emphasizing compli....
The Waqf Board cannot bifurcate results from common elections for multiple Waqfs; elected committees hold vested management rights despite the existence of ad hoc committees.
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
The appointment of Mutawalli for the Wakfs is governed by custom and usage and should be held as a hereditary right by only the family members belonging to Mookane family. The Wakf Act, 1995 recogniz....
The court established that a Waqf must have a public or charitable dedication to be classified as composite; otherwise, it remains a private Waqf, confirming the hereditary nature of the Muthawalli o....
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