KARNATAKA HIGH COURT
K. S. Puttaswamy, J.
Masjid-E-Islammabad v. Karnataka Board of Wakf and Others
W. P. No. 6888, 17235, 19808 of 1980
1. All these cases pertain to the affairs of an institution called 'Masjid - E - Islamabad', Bangalore and they are inter connected. I, therefore, propose to dispose of these cases by a common order.
2. The institution is the petitioner in Writ Petition No. 6888 of 1980 which is the main writ petition. Writ Petitions Nos 17235 and 19808 of 1980 filed by various other individuals that are interested in the affairs of the institution have arisen out of the delay in the disposal of the main writ petition, the communication of the interim order or as a result of the various interim orders made in that writ petition. Writ Petition No. 6888 of 1980 has been filed by the Petitioner challenging an order bearing No. KTW 61 MSC - BNU 80 dated 14-3-1980 (Annexure - D) and letter No. KTW 61 MSC - BNU 80 dated 1-4-1980 (Annexure - E) of the Karnataka Board of Wakfs (hereinafter referred to as the Board), who is respondent No. 1 In that writ petition. The petitioner in this writ petition is represented by one Sri Musheer Ahmed Qureshi who has described himself as the Secretary of the institution. The petitioners in Writ Petition No. 17235 of 1980 claim to be the office bearers of the institution. In Writ Petition No. 19808 of 1980, petitioners 1 to 10 also claim to be the office bearers of the institution, which is petitioner No. 11. Petitioner No. 11 in the said writ petition is represented by one Sri Mohammed Rasheed Macci who claims to be the Secretary of the institution. In Writ Petitions Nos. 17235 of 1980 and 19080 of 1980 the Board is the first respondent. In Writ Petition No. 6888 of 1980 five persons who claim to have an interest in the institution have sought for permission to implead them as additional respondents in that case. Without making an express order, I have treated them as additional respondents in that case and heard their counsel on merits. In the course of my order, I will refer to the petitioner in Writ Petition No. 6888 of 1980 as the petitioner, the Board as respondent No. 1 and all other private individuals whether they are respondents or petitioners in the aforesaid writ petition or other writ petitions as other respondents.
3. Under the Mysore Societies Registration Act of 1904 (Mysore Act No. III of 1904) that was then in force in the old Mysore area, the petitioner has been registered as a society during the year 1956-57 for the promotion of the purposes and objects set out in its memorandum of association. The society has its own Rules and Bye - laws approved by the Registrar, commonly called as 'Constitution' and hereafter referred to as such. The society continues to be a society under the uniform Karnataka Societies Registration Act of 1960 that came into force on 6-6-1961 replacing the corresponding Acts on the subject in the various integrating areas of the new State of Karnataka.
4. On the extension of the Wakfs Act of 1954 (Central Act No. 29 of 1954) to the old Mysore area, the petitioner has also been registered as a wakf in the register of wakfs maintained by the Board as early as in the Year 1962, Art.8 of the Constitution vests the management of the petitioner in a governing body called Majlis - e - Muntazima consisting of a President, a Vice - President, a Secretary, a Joint Secretary, a Treasurer and a Committee of 14 elected members and four members who can be co - opted by the committee. Elections to the governing body have to be held once in three years between Bakr - id and Moharam of the year by the General Body of the Society which is called as Majlis, Indisputably, elections to the governing body of the petitioner were held sometime in July, 1977 and all the office bearers of the governing body were duly elected by the general body and the same having duly taken over the management, was functioning for same time satisfactorily. But, as it happens in many an institution, unfortunately, differences appear to have arisen among the members of the governing body sometime in the early part of
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