Direct management of a Wakf is permissible when no governing body exists due to expired terms, necessitating timely elections per amended governance rules.

ORDER :

D. BHARATHA CHAKRAVARTHY, J.

Salem Jamia Masjid Trust is an enumerated wakf published in the gazette under G.S.No. 227/Salem. The wakf is governed by a scheme framed by the Court in O.S. No. 36 of 1941, by a decree dated 01/07/1969. It is stated that the wakf comprises valuable assets, including commercial properties, with a rough value of approximately 100 Crores. As per the scheme framed, there shall be a governing body consisting of 50 members. 10 members will be elected for each of the 5 wards. Of the 10 members representing each of the 5 wards, one member will be elected to the executive committee. The said 5 members shall form the executive committee, which will be in charge of the administration. The 5-member executive committee will elect among themselves one person as Muthawalli and another as Naib Muthawalli.

2. Among other qualifications, members of the governing body shall be between 25 and 70 years of age. The tenure of the governing body shall be for a period of 3 years. It is the duty of the governing body to conduct the election for the succeeding term three months before the expiry of the term. If the governing body fails to do so, 5 members elected from each ward shall form a committee of 25 members, which shall apply to the Sub-Court for appointment of an election commissioner, who shall conduct the election. The election commissioner shall, as convenient, conduct elections for the 5 wards on separate days, elect the 10 members, including the ward Muthawallis and Arakeens, and publish the list of elected members.

3. However, on 23/09/2014, the Superintendent of Wakf, terming himself as the Election Officer, issued a notification that a 150-member governing body would be elected from among all the registered masjids within Salem city, after holding counseling meetings with the Mutawallis, Naib Muthawallis, and Arakeens, for the governing body of the present wakf. The number of members was also fixed in proportion to the members of each of the 19 masjids by a notification dated 17/11/2014. Accordingly, 150 members were elected, and ultimately 148 members were notified and the separate lists were published. It could be seen that of the 150 members, 25 persons had filed nominations for the Executive Committee.

4. However, it is stated that by an order dated 29/05/2015, a 30-member administrative committee was elected through a secret ballot, and the petitioner was elected as Muthawalli, and one J. Sheik Fareed as Naib Muthawalli, and three other persons as Secretary, Joint Secretary and Treasurer, and other persons as executive committee members. The said elected body was in charge of the wakf for a period of 3 years from 22/03/2015 to 21/03/2018.

5. It is seen that, as mandated under the Scheme Decree, the Governing Body did not take steps to conduct the elections three months before the expiry of its term. On the contrary, by an order dated 30/08/2018, the period of the said Committee was extended from 22/03/2018 to 21/03/2019.

6. Thereafter, neither any extension was granted nor an election was conducted. However, in the year 2022, by an order dated 03/11/2022, ratification was given to the same committee (28 members by then) to administer the wakf, and a further extension was also granted from 17/10/2022 to 16/10/2024.

7. On 22/07/2024, the committee also made a representation to the Chief Executive Officer, Tamil Nadu Wakf Board, requesting to conduct elections for the wakf. The various works carried out by the committee for the good administration of the wakf are mentioned in the representation.

8. However