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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN
Mohamed Meeran – Appellant
Versus
Tamil Nadu Waqf Board – Respondent
| Table of Content |
|---|
| 1. civil revision petition and management of waqfs (Para 1 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments over election validity and management (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. court's observations on waqf management (Para 24 , 25 , 26 , 28) |
| 4. legal analysis of election right and ad hoc committee's limitations. (Para 30) |
| 5. bifurcation of election results not permitted (Para 34 , 47 , 48) |
| 6. final decision on waqf management and election (Para 59 , 60 , 61 , 62) |
ORDER :
V. LAKSHMINARAYANAN, J.
1. This civil revision petition arises against an order passed by the learned Waqf Tribunal at Chennai in O.A.No.25 of 2022 dated 02.01.2023. By the said order, the learned Waqf Tribunal came to the conclusion that the said O.A. is liable to be dismissed and accordingly dismissed the same. Invoking the powers vested under Proviso to Section 83 (9) of the WAQF ACT 1995, the present civil revision petition has come up before me.
2. Notice regarding admission had been ordered on 12.06.2023. Mr.Haja Mohideen Gisthi entered appearance for the respondents 1 and 2 and Mr.L.Gavaskar appeared for respondents 3 to 9.
3. I have heard Mr.E.Mohammed Abbas in support of this revision
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 has the authority to remove a Mutawalli under the Waqf Act and appoint an Executive Officer in the interest of the Waqf, affirming the integrity of procedural statutory provisions.
Elections for Wakf institution management are mandated when multiple panels request leadership, emphasizing adherence to regulations over administrative convenience.
The court reaffirmed the necessity for the Waqf Board to address complaints swiftly regarding trustees and upheld the process for appeal against removals, ensuring adherence to statutory provisions.
Direct management of a Wakf is permissible when no governing body exists due to expired terms, necessitating timely elections per amended governance rules.
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.
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