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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
M. A. Rahman - Petitioner
Versus
The State of Telangana and Others - Respondents
W.P. No. 3502 of 2023
Decided On : 04-07-2023
Wakf Act - Constitution of Managing Committee - Regulations 5, 6, 7, 8 of Andhra Pradesh Wakfs Managing Committee, 2009 - The court discussed the constitution of the Managing Committee of a mosque and graveyard, highlighting the violations of regulations and the appointment of members with allegations against them. The court emphasized the importance of fair panels and the mandatory election process under Section 5(2) of the Regulations.
Fact of the Case:
The petitioner sought a Writ of Mandamus to declare the constitution of the Managing Committee of a mosque and graveyard as illegal, citing violations of the Andhra Pradesh Wakfs Managing Committee Regulations, 2009.
Finding of the Court:
The court found that the Waqf Board had taken all required measures for the constitution of the Managing Committee, duly following the relevant provisions and regulations. It dismissed the writ petition, emphasizing the importance of fair panels and the mandatory election process under Section 5(2) of the Regulations.
Issues: The issues revolved around the constitution of the Managing Committee, violations of regulations, and the eligibility of panel members, including allegations against them.
Ratio Decidendi: The court emphasized the importance of fair panels and the mandatory election process under Section 5(2) of the Andhra Pradesh Wakfs Managing Committee Regulations, 2009. It also highlighted the suppression of relevant facts by the petitioner.
Final Decision: The court dismissed the writ petition, stating that the Waqf Board had taken all required measures for the constitution of the Managing Committee, and the petitioner was not entitled to the relief sought.
ORDER :
Heard Sri Mohd. Asifuddin, learned counsel for the Petitioner, Sri K.Jamali, learned Government Pleader for Social Welfare, learned counsel for the 2nd respondent, and Sri Sri Zeeshan Mahmood, learned counsel for respondents 3 to 14.
2. This Writ Petition is filed to issue a Writ of Mandamus declaring the impugned Proceedings F.No. 15/secbad/C/2016, dated 18.08.2022, issued by respondent No.2 in constituting the Managing Committee of JamiA Masjid Eidgah and Graveyard, chilakalaguda, Secunderabad as illegal as it is in violation of Regulations 5, 6, 7 and 8 of the Andhra Pradesh Wakfs Managing Committee, (Constitution, Functions, Duties) Regulations, 2009 and set aside the same.
3. The case of the petitioner, in brief, is as follows:
b) The petitioner and two other panel members made representation to respondent No.2 for appointing them as Managing Committee to Jamia Masjid Eidgah and graveyard situated at Chilakalguda, Secunderabad, and conduct the elections of Mussalies and constitute the Managing Committee under the supervision of the Inspector Auditor of Waqf as per Section 5 of Andhra Pradesh Waqfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009, but respondent No.2 omitted the same.
c) Whenever there is more than one panel and when there is no unanimous panel, the concerned officials are bound to conduct elections from among mussalies of the Waqf Institution under the control and supervision of Inspector Audit of Waqf, but the 2nd respondent in violation of the above Section straight away appointed one panel as Managing Committee without assigning any reasons which is colorable exercise of power and the same is liable to be set aside.
d) Respondent No.2 violated Section 9 (vi) of the Andhra Pradesh Waqfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009, by appointing members against whom there was an enquiry for misappropriation which was initiated by appointing Mr. Janab Wahed Khan and they are liable to be disqualified even for the consideration of the post of a Committee Member. Hence, this writ petition.
4. The counter filed by Respondent No. 2, in brief, is as follows:
b) Basing on the Joint Report of the officials of the respondent Waqf Board on 16.09.2021, that the proposed CoMember/ General Secretary of the petitioner Viz. along with some of the members proposed in the panel of the petitioner and Sri. Mohd Nayeem Khan are covered in FIR No. 665 of 2022, dated 29.08.2022, on the file of Chilakalguda Police Station.
c) Under Regulation 9 (7) of Andhra Pradesh Waqfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009, the tenant of Waqf cannot be a member of the Managing Committee of such waqf institution. Having the knowledge about the same one Mr Mohd Nayeem Khan had suppressing the said fact, he once again got enlisted earlier withdrew W.P.No.40730 of 2022 and his name in the proposed panel of the petitioner. Therefore, only respondent Nos. 4 to 14 were considered for the Managing Committee as the panel of the petitioner was found ineligible for contesting in the elections.
d) Respondent No.2 board is an supervising authority over all the Waqf Institutions under Section 32 of the Waqf Act, 1995 and had taken all measures and precautions to safeguard the interest of Waqf institution and its management.
e) The action of the respondents in proceedings bearing No. 15/Sec’bad/C/2016 dated 18.08.2022, is good in law and the Waqf Committee constituted by respondent board is in the int
The main legal point established in the judgment is the importance of fair panels and the mandatory election process under Section 5(2) of the Andhra Pradesh Wakfs Managing Committee Regulations, 200....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
The central legal point established in the judgment is the requirement for fair enquiry and proper procedure before removing office bearers, as mandated by the Wakf Act.
The Chairman of the Waqf Board has the authority to appoint a new Management Committee post supersession based on the provisions of the Waqf Act.
Appointment of Waqf managing committees must comply with statutory regulations, ensuring adherence to principles of natural justice and election procedures when multiple applications exist.
Elections for Wakf institution management are mandated when multiple panels request leadership, emphasizing adherence to regulations over administrative convenience.
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