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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
J. Nisha Banu, J, S. SRIMATHY
Shahul Hameed – Appellant
Versus
Tamil Nadu Waqf Board, Represented by its Chairman – Respondent
| Table of Content |
|---|
| 1. election notification and objection process (Para 1 , 2 , 3) |
| 2. writ court's dismissal of petition (Para 4 , 8) |
| 3. denial of nomination rights violates fundamental principles (Para 5 , 6) |
| 4. election conducted under court direction (Para 7) |
| 5. maintaining writ remedy despite alternative options (Para 9 , 10) |
| 6. jurisdiction of waqf tribunal for election disputes (Para 12 , 13 , 14) |
| 7. court affirms decision of the learned single judge (Para 15) |
| 8. the court's reasoning on jurisdiction and the appropriateness of the waqf tribunal. (Para 16) |
JUDGMENT :
(J. NISHA BANU, J.)
Challenging the order passed by the Writ Court dated 27.02.2025 in W.P.(MD) No.204 of 2025, the writ petitioner, as appellant, has filed the present Writ Appeal.
2. The appellant filed a Writ Petition seeking to quash the impugned order passed by the third respondent dated 29.12.2024, wherein the third respondent declared respondents 6 to 19 as the winning candidates.
3. The facts leading to the filing of the Writ Petition are as follows:
3.1. On 21.02.2024, the third respondent issued Election Notification No.1, publishing a draft voters’ list and calling for objections. Objections were submitted on 18.03.202
The right to contest elections is not guaranteed by mere inclusion in the voters' list; election disputes under the Waqf Act must be adjudicated by the Waqf Tribunal.
It is always open to challenge the outcome of election before the competent forum, and courts ordinarily do not interfere with ongoing election process unless strong and compelling reasons exist.
Waqf election disputes and disqualifications under Section 83 must be adjudicated by Waqf Tribunal, not writ court.
Electoral procedural integrity must be maintained, and objections concerning voter eligibility must be resolved adequately to ensure timely elections.
The court emphasizes the need for timely action by administrative bodies in conducting elections as mandated by legislation, ensuring adherence to procedural requirements.
The rejection of nomination papers constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
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