1. Heard and decided finally with the consent of the parties.

2. Initially, this matter was placed before us to consider an application made by the Uttaranchal Wakf Board for passing appropriate orders pertaining to the election of the Uttaranchal Wakf Board. The present petition is filed by one Amanullah Khan, wherein the prayer has been made that a direction should be issued or a writ in the nature of certiorari should be issued quashing the order dated 10-02-2004, by which third respondent Nazim Ali Tyagi, was nominated as a representative of the Wakf called 'Madarsa Arebiya Rahmaniya, Anjuman Aukhaf, Roorkee', which is admittedly a wakf in the district of Haridwar, bearing no. 113, 115, 385. It seems that the election of the member of Uttaranchal Wakf Board, which is governed by the Wakf Act, 1995, was scheduled to be held u/s 14(1) of the Wakf Act, 1995, which provides for constitution of the Wakf Board. The third respondent belong to Category (b) (iv), which reads as under:

"Mutawallis of the Wakf having an annual income of rupees one lakh and above."

3. It seems that it is not in dispute before us that the above named Wakf had an annual income of Rs. 1,00,000/- and