Back
2024 Supreme(Online)(Kar) 43441
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 27649 OF 2024 (GM-WAKF)
C/W WRIT PETITION NO. 26367 OF 2024 (GM-WAKF)
IN WP No. 27649/2024 BETWEEN:
KARNATAKA STATE BOARD OF AUQAF HAVING ITS OFFICE AT NO. 6, CUNNINGHAM ROAD, BENGALURU - 560 052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
…PETITIONER (BY SRI. V LAKSHMINARAYANA, SENIOR COUNSEL FOR SRI. ASHWIN KUMAR H., ADVOCATE)
AND:
Digitally signed by B
1. REGIONAL COMMISSIONER K BANGALORE DIVISION, MAHENDRAKUMAR Location: HIGH BENGALURU, AND ELECTORAL REGISTRATION, COURT OF KARNATAKA OFFICE FOR ELECTION OF KARNATAKA, STATE BOARD OF WAQF, 2ND FLOOR, BMTC BUILDING, K H ROAD, SHANTHINAGAR, BENGALURU - 560 027.
2. SRI MOHAMMED WAZIR BAIG S/O ANWAR BAIG, AGED ABOUT 69 YEARS, PRESIDENT, SUBHIKSHA KARNATAKA TRUST (R)
R/AT NO. 80/1, 6TH CROSS, HANIFA MASJID, KHUSHAL NAGAR, BENGALURU - 560 045.
…RESPONDENTS (BY SRI. S ISMAIL ZABIULLA, AAG A/W SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 29.08.2024 IN CASE NO. RCB/ELN/CR/75(4)/2024-
25 PASSED BY R-1 (ANNX-A).
IN WP NO. 26367/2024 BETWEEN:
1. SUBHIKSHA KARNATAKA TRUST A REGISTERED TRUST, REPRESENTED HEREIN BY ONE OF ITS PRESIDENT, SRI MOHAMMED WAZIR BAIG, S/O SRI ANWAR BAIG, AGED ABOUT 69 YEARS, HAVING ITS REGISTERED OFFICE AT NO.80/1, 6TH CROSS, HANIFA MASJID, KHUSHAL NAGAR, BENGALURU-560 045.
2. SRI. MOHAMMED WAZIR BAIG S/O ANWAR BAIG, AGED ABOUT 69 YEARS, PRESIDENT, R/AT NO.80/1, 6TH CROSS, HANIFA MASJID, KHUSHAL NAGAR, BENGALURU-560 045.
3. SRI. SYED MERAJ AHMED S/O SYED SIRAJUDDIN, AGED ABOUT 55 YEARS, SECRETARY, R/AT NO.40/1, GOVIND CHETTY COLONY, TASKER TOWN, BENGALURU-560 051.
4. SRI MOHAMMED RIZWAN BAIG S/O M WAZIR BAIG, AGED ABOUT 41 YEARS, TRESURER, R/AT NO.80/1, 6TH CROSS, HANIFA MASJID, KHUSHAL NAGAR, BENGALURU-560 045.
..PETITIONERS (BY SRI. ARAVIND M NEGLUR., ADVOCATE)
AND:
1. REGIONAL COMMISSIONER BENGALURU DIVISION, BENGALURU AND ELECTORAL REGISTRATION OFFICER FOR ELECTION OF KARNATAKA STATE BOARD OF AUQAF, 2ND FLOOR, BMTC BUILDING, K H ROAD, SHANTHINAGAR, BENGALURU-560 027.
2. KARNATAKA STATE BOARD OF AUQAF REPRESENTED HEREIN BY ITS CHIEF EXECUTIVE OFFICER, NO.6, CUNNINGHAM ROAD, BENGALURU-560 052.
..RESPONDENTS (BY SRI. S ISMAIL ZABIULLA, AAG A/W SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1;
SRI. V LAKSHMINARAYANA, SENIOR COUNSEL FOR SRI. ASHWIN KUMAR H., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FORM 21D WHICH IS THE FINAL ELECTORAL COLLEGE OF MUTAWALLIES OF INSTITUTIONS PREPARED BY THE 2ND RESPONDENT AND PUBLISHED BY THE 1ST RESPONDENT ON 09.09.2024 WHICH IS AT ANNEXURE D AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The primary contention in these petitions is that the respondent No.1 - Regional Commissioner, who is the Electoral Registration Officer to conduct election to the Karnataka State Wakf Board, has prepared a voters list contrary to para-2 of Form 20 as stipulated under Rule 20 of the Karnataka Waqf Rules, 2017.
2. The petitioners in WP No.26367/2024 filed objections to the draft voters list. The respondent No.1 by order dated 29.8.2024 directed the Chief Executive Officer of the Karnataka State Wakf Board to revise the final voters list by invoking conditions at Sl.Nos.2 to 5, which runs contrary to para-2 of Form 20. Form 20 under Rule 12(1) of the Karnataka Waqf Rules, 2017 reads thus:
"FORM 20 [See Rule 12(1)]
Registration of Elector of ----------------Electoral College Claim for inclusion of name in the Electoral Roll for Electoral College of ----------- for election to Member/s of Karnataka State Board of Auqaf.
To The Electoral Registration Officer to KSBA.
-------------------------
Sir, I request that my name be registered in the Electoral College of -----------
------ for election to member/s of Karnataka State Board of Auqaf.
The particulars are:
Name (in full) ----------------------------- Father/Husband's Name ------------------
Occupation --------------------------------- Address ------------------------------------- Age ---------- (Date of birth -------------)
1. That I am sitting/Ex-Member of Rajya Sabha/Lok Sabha/Member of Legislative Assembly/Legislative Council of Karnataka/ Member of Bar Council.
2. That I am Mutawalli of ------------ institution and the annual income of the institution is more than one lakh rupees and the Waqf contribution payable to the Karnataka State Board of Auqaf due is Nil, I declare that I am *Sunni/Shia Muslim.
3. I declare that I am Citizen of India and that all the particulars given above are true to the best of my knowledge and belief.
Place: Date:
Petitioner *Strike out which is not applicable.
DECISION OF ELECTORAL REGISTRATION OFFICER The application in Form ---------- of Sri/Smt. address ---------------- (a)
accepted and name of the above applicant has been registered at Sl. No.-----------
in ------------- part.
(b) rejected for the reason ------------------
Date: Electoral Registration Officer ------------------ performation--------------------------
Receipt for application Received the application from Sri/Smt. ----------------------------------------
---------- address -------------------------------------------------------
Date:
Electoral Registration Officer
3. A perusal of Form 20 indicated that Mutawalli has to declare that the annual income of the institution is more than one lakh rupees, and the Waqf contribution payable to the Karnataka State Board of Auqaf due is nil, and also declared that he is either a Sunni/Shia Muslim.
4. In the instant case, the final voters list is published contrary to Para-2 of Form 20. Accordingly, I pass the following:
ORDER i) WP No.27649/2024 is allowed.
ii) The impugned order dated 29.8.2024 passed by the respondent No.1 at Annexure-A in WP No.27649/2024 insofar as it relates to directing the petitioner to revise the final voters list for election to the Karnataka State Board of Waqf stands quashed.
iii) The subsequent Final Electoral College of Mutawallies of Institutions prepared by the respondent No.2 and published by the respondent No.1 on 9.9.2024 also stands quashed.
iv) The respondent No.1 is hereby directed to revise Final Electoral College of Mutawallies in terms of Para-2 of Form 20 within three days from the date of receipt of certified copy of this order.
v) It is needless to state that the respondent No.1 is under an obligation to conduct election to the Karnataka State Board of Waqf within the time stipulated.
vi) WP No.26367/2024 does not survive for consideration, and the same is disposed of.
Hand delivery ordered.
