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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Mohamed Yusuf – Appellant
Versus
Tamil Nadu Waqf Board, Rep. By its Chief Executive Officer – Respondent
| Table of Content |
|---|
| 1. challenge to waqf elections and scheme validity. (Para 1 , 2 , 3) |
| 2. validity of waqf scheme. (Para 4) |
| 3. scheme framed under section 69 of the act contested. (Para 5) |
| 4. arguments against board's election powers. (Para 6) |
| 5. observations on statutory compliance. (Para 7) |
| 6. importance of consultation and requirement of enquiry. (Para 10 , 11) |
| 7. failure of the board to comply with legal mandates. (Para 14 , 15 , 16) |
| 8. writ petition disposed without election conduct. (Para 17) |
ORDER :
(MOHAMMED SHAFFIQ, J.)
The present writ petition has been filed assailing the impugned scheme framed and notified in the Tamil Nadu Government Gazette dated 17.07.2024 in respect of Mohaideen Aandavar Periya Pallivasal Waqf, Pattukottai, Thanjavur District.
2. The 1st petitioner is the Secretary of the Waqf in question, while the 2nd petitioner is the member of the said Waqf and a person interested in the Waqf in terms of Section 3(k) of the Waqf Act, 1995 (hereinafter referred to as “the Act”). As per the proforma governing the Waqf, the rule of succession to the office of mutawalli is by selection and not election. The relevant portions of the proforma is extracted hereunder:
| PROFORMA REPORT | ||
The Waqf Board lacks jurisdiction to conduct elections for the Mutawalli, and any scheme not complying with Section 69's inquiry and consultation requirements is rendered void.
The Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.
The Inspector lacks authority to conduct an enquiry under Section 64(1) of the Act, which mandates that only the Joint Commissioner or Deputy Commissioner can settle schemes after proper consultation....
The court clarified the electoral process for Waqf trustees, stipulating that voters must be at least 21 years old and reside in a specified vicinity, while urging the Waqf Board to ensure compliance....
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 Chairman of the Waqf Board has the authority to appoint a new Management Committee post supersession based on the provisions of the Waqf Act.
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.
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