IMPORTANT POINT
Removal of Mutawalli – It is only Waqf Board which can appoint or remove any Mutawalli in accordance with provisions of the Act – Managing Committee has no power to remove any member of Managing Committee.

ORDER (ORAL)

Suraj Govindaraj.—The petitioners are before this Court seeking for the following reliefs;

a. “To call for records.

b. Issue writ or order or writ of certiorari by quashing the Proceedings of the Special Meeting dated: 11.10.2024 passed issued by the 3rd respondent which is produced at Annexure - E,

c. Issue writ or order or writ of certiorari by quashing the Proceedings of the Special Meeting dated: 13.10.2024 passed issued by the 3rd respondent which is produced at Annexure - F.

d. Issue writ of mandamus or order or direction, directing the respondents to continue the Executive committee as approved by the 1st respondent at dated: 22.02.2023 which is produced at Annexure- B and allow the petitioners to participate in the day to day activities of the 3rd respondent institution including attending the meeting, prayer and other religious activities of the 3rd respondent institution forthwith, relief as deems fit in the circumstances of the case, in the interest of justice and equity.”

2. The grievance of the petitioner is that respondent No.3, without any authority, has removed the petitioners from the Managing Committee of respondent No.3 and appointed certain others.

3. The submission of Sri.K.N.Phanendra., learned Senior Counsel for the petitioner is that;

3.1. It is only the respondent No.1- WAQF Board which has the powers under Section 32(2)(g) of the WAKF Act, 1995 to appoint or remove the “mutawallis”. The substantial provision as regards the reasons for removal is in terms of Section 64 the WAKF Act, 1995 and procedure under Rule 58 of Karnataka WAKF Rules, 2017 are required to be followed before removal of any “mutawallis”.

3.2. His submission is that the Committee or any member of the Committee would also be

covered within the definition “mutawallis” under Sub-section (i) of Section 3 of the WAKF Act, 1995.

3.3. In that background, he submits that the action on the part of respondent No.3 in the removal of the petitioner and appointing certain others is not sustainable and is required to be quashed.

4. Sri.S.Balakrishnan., learned counsel for respondent No.3 would submit that;

4.1. There is a serious allegation which had been made against the petitioners for having abetted the suicide of the president of the respondent No. 3 Managing Committee, and it is in the background that the Managing Committee of respondent No.3 was required to take immediate action.

4.2. To support the same, certain representations which have been submitted to respondent No.3 have been placed on record vide a memo filed today, and as such, it is submitted by respondent No.3 that the actions taken by respondent No.3 were bona fide and no fault can be found with the said action.

5. Heard Sri.K.N.Phanendra., learned Senior Counsel appearing for the petitioner, Sri.Usman.P. learned counsel for respondents No.1 and 2 and Sri.S.Balakrishnan., learned counsel appearing for respondent No.3 and Perused papers.

6. The short question that would arise for consideration in the present matter is;

“Whether the Managing Committee of the WAKF could remove a member of the Managing Committee?

7. Section 32(2)(g) is reproduced hereunder for easy reference;

32. Powers and functions of the Board.

(2) Without prejudice to the generality of the foregoing power, the functions of the Board shall be

(g) to appoint and remove mutawallis in accordance with the provisions of this Act;

8. A perusal of the same would indicate that it is only the WAKF Board which can appoint or remove any “mutawallis” in accordance with the provisions of the Act. In accordance with the provision of the Act, which would in turn refer to Section 64 of the WAKF Act, 1995, which is reproduced hereunder for easy reference;

64. Removal of mutawalli.—(1) Notwithstanding anything contained in any other law or the deed of 1 [waqf], the Board may remove a mutawalli from his office if such mutawalli—

(a) has been convicted more than once of an offence punishable under section 61; o