Waqf Board has the authority to appoint management committees and aggrieved parties can appeal decisions under Section 83 of the Waqf Act, ensuring compliance with statutory provisions for governance.

JUDGMENT :

G. JAYACHANDRAN, J.

These two intra court appeals viz., W.A(MD)No.3264 of 2025 and W.A (MD)No.3274 of 2025 are directed against the order dated 25..11.2025 passed in W.P(MD)No.23652 of 2025.

2.Karaikudi Ikya Muslim Jamath Pallivasal is a Federation of 9 Jamaths in Sivagangai District falling within the jurisdiction of Waqf Inspector, Ramanathapuram. The Executive Committee of the Ikya Jamath ( Federation) are to be selected from the representatives of the 9 constituent Jamaths. The electorate for the Ikya Jamath consist of three members from each jamath totally 27 members. The tenure of the previous Executive Commitee expired in the year 2021. However, due to the rival between two groups one by the team headed by Janab A.K.M.Mohideen Pitchai and another team headed by Janab M.A. Abdul Raheman, conflicting claims in respect of the representatives of the constituent Jamaths and the Executive Members of the Ikya Jamath (federation) arose. As a result several writ petitions were filed. The details of those writ petitions form part of the order passed in W.P(MD)No.19646 of 2025 dated 21.07.2025 filed for issuance of a Writ of Mandamus to conduct election of ‘Kattu Thalaivasal Muslim Jamath Pallivasal’ by A.C.R.Naseer and Abudi Bazeer, who are the erstwhile office bearers of the constituent Jamath namely, Kattu Thalivasal Muslim Jamath Pallivasal.

3.Considering the inter se dispute between the Jamathars of Kattu Thalivasal Muslim Jamath Pallivasal, this Court issued the following direction in WP(MD)No.19646 of 2025 : -

“26. Therefore, it is evident that there is a inter se dispute among the Jamathars of the fourth respondent/Wakf. The proforma also does not mention the tenure of elected body and method of election of the Office bearers of the Wakf. The fourth respondent/Wakf has been operating based on the customs. This has created an internal power struggle within the Wakf, although the elected body is meant to administer the Wakf and for the welfare of the member of congregator i.e., Jamathars.

27. Considering the same, there shall be a direction to the respondents 1 and 2 to frame a scheme under Section 69 of the Wakf Act, 1995. As far as the request of the petitioner under Section 65 of the Wakf Act, 1995 is concerned, it appears from the submissions made by the learned counsel for the fifth respondent that the elections were held on 06.09.2024 and on 07.09.2024, an application has been filed under Section 42 of the Wakf Act, 1995 before the third respondent/Superintendent of Wakf to recognise the elected body. The statement of the learned counsel for the fifth respondent stands recorded that the petitioners were also elected as an Ordinary Member and were not elected to the post in the Management Committee i.e., the President, Vice-President(s), Treasurer and Secretary of the fourth respondent Wakf.

28. Therefore, in case the petitioners are aggrieved by the elections which were held on 06.09.2024 and 07.09.2024 , it is open for the petitioners to independently challenge the same under Section 83 of the Wakf Act, 1995 as has been ordered by this Court in W.P.No.18959 of 2022 . Since the application has been filed under Section 42 of the Wakf Act, 1995, the petitioners shall be heard before appropriate orders are passed.

29. Meanwhile, the Wakf Board shall exercise its power to frame a proper Scheme to further interest of the members of congregator i.e., Jamathars, within a period of twelve (12) months from the date of receipt of a copy of this order.”

4.Meanwhile, the Chief Executive Officer of the Tamilnadu Waqf B