1978 Supreme(All) 695

Allahbad High Court
T.S.MISRA
Syed Mohd. Mohsin Rizvi - Appellant
Versus
State of U.P. - Respondent
Decided On : 11/23/1978

The High Court has limited jurisdiction in revision under Section 115 of the Code of Civil Procedure and cannot interfere with the orders of lower courts unless there is a patent violation of law or perversity manifested in the order.

Headnote:

ELECTION - WAQF BOARD - U.P. MUSLIM WAQFS ACT, 1960 - SECTION 12 - ELECTION OF MEMBER BY BOARD OF TRUSTEES OF SHIA COLLEGE, LUCKNOW - VALIDITY - INTERIM INJUNCTION - BALANCE OF CONVENIENCE - JURISDICTION OF HIGH COURT IN REVISION UNDER SECTION 115, CODE OF CIVIL PROCEDURE.

Fact of the Case:

Plaintiffs, legally appointed Mutawallis of various public and charitable waqfs, filed a suit alleging that the Shia Central Board of Waqfs, U.P. was not properly constituted as per the U.P. Muslim Waqfs Act, 1960. They sought an injunction restraining the defendants from holding an election for the President of the Board and from issuing a notification for the formation of the Board under Section 12(1)(iv) of the Act. They also sought to restrain defendant No. 3, Syed Ali Zaheer, from participating in any meeting of the Board.

Finding of the Court:

The court found that the plaintiffs had no prima facie case for the grant of an interim injunction. It held that Syed Ali Zaheer was duly elected by the Board of Trustees of Shia College, Lucknow in 1974 and that there was no reason for the State Government to direct the Board of Trustees to elect a fresh member. The court also found that the balance of convenience lay in favor of the defendant No. 3, as he was the duly elected President of the Board and his rights as a member and President had to be kept in view.

Issues: 1. Whether Syed Ali Zaheer was duly elected as a member of the Shia Central Board of Waqfs, U.P. under Section 12(1)(iii) of the U.P. Muslim Waqfs Act, 1960? 2. Whether the plaintiffs had a prima facie case for the grant of an interim injunction? 3. Whether the balance of convenience lay in favor of the plaintiffs or the defendant No. 3?

Ratio Decidendi: 1. The court held that Syed Ali Zaheer was duly elected as a member of the Shia Central Board of Waqfs, U.P. under Section 12(1)(iii) of the U.P. Muslim Waqfs Act, 1960. It noted that he was elected by the Board of Trustees of Shia College, Lucknow in 1974 and that there was no reason for the State Government to direct the Board of Trustees to elect a fresh member. 2. The court held that the plaintiffs did not have a prima facie case for the grant of an interim injunction. It found that the election of the President of the Board had already taken place and that the Board had been duly constituted and notified. It also found that the plaintiffs had not shown that they would suffer irreparable injury if the defendant No. 3 was not restrained from participating in the meetings of the Board. 3. The court held that the balance of convenience lay in favor of the defendant No. 3. It noted that he was the duly elected President of the Board and that his rights as a member and President had to be kept in view.

Final Decision: The court dismissed the revision petition with costs.