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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
S.R.Anwar, S/o Sathar – Appellant
Versus
Chief Executive Officer – Respondent
| Table of Content |
|---|
| 1. framework of wakf governance outlined. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding election conduct and committee authority. (Para 10 , 18 , 19 , 20) |
| 3. judicial review of elections and management structure. (Para 21 , 22 , 23 , 27 , 28) |
| 4. direct management and responsibilities during transition. (Para 25 , 32) |
| 5. final directives for handover and case resolution. (Para 33 , 34) |
ORDER :
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
Direct management of a Wakf is permissible when no governing body exists due to expired terms, necessitating timely elections per amended governance rules.
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 court emphasized the authority of the Wakf board to conduct elections and the specific purpose and duration of the Adhoc Committee's appointment.
The court reaffirmed that a mutawalli's obligation to maintain proper accounts is ongoing, and direct management by the Waqf Board is warranted if mismanagement is established, regardless of prior ir....
Direct management of Waqf properties can be assumed by authorities upon evidence of mismanagement and failure to maintain proper accounts, supporting accountability mechanisms under Waqf law.
The Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.
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