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2026 Supreme(Online)(Ker) 1974
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
SAM AL AMEEN – Appellant
Versus
KERALA STATE WAQF BOARD – Respondent
WP(C) NO. 1847 OF 2026
For the Appellants/Petitioners: SRI.SHAHIM BIN AZIZ, SHRI.RAFEEK. V.K., SMT.O.A.NURIYA, SHRI.NAZEER S., SHRI.MOHAMMED SHAFI.K, SMT.KAVYA S.A., SMT.DEEPA S., SHRI.K C MOHAMED RASHID, SHRI.ABDUL RAHOOF P.M., SMT.MUFEEDHA P., SMT.NISHNA P.T., SHRI.MUHAMMED SHAFI K., SMT.FARSANA A.S.
For the Respondents: SRI. JAMSHEED HAFIZ
A writ petition cannot be maintained under Article 226 for electoral matters concerning Waqf, suggested alternative forums for relief.
Headnote:This judgment addresses a writ petition filed under Article 226 of the Constitution of India by the petitioner, a member of a registered Waqf, challenging a specific election rule citing violation of bylaws. The court analyzed the petitioner's ability to seek relief in this matter. The court held that the writ petition was dismissed on maintainability grounds, suggesting appropriate actions before the Waqf Board or Tribunal instead, maintaining the legal rights of the petitioner.
| Table of Content |
|---|
| 1. petitioner's eligibility for court jurisdiction over election matters. (Para 1 , 2) |
| 2. arguments presented by counsel regarding the jurisdiction. (Para 3) |
| 3. observations on election rule adherence and alternate remedies. (Para 4 , 5) |
| 4. writ dismissed on maintainability grounds with suggestions for appropriate actions. (Para 6) |
Anil K. Narendran, J.
The petitioner, who is a member of Paravur Muslim Jama-
ath, Thekkumbhagam, which is a Waqf registered with the 1st respondent Kerala State Waqf Board, has filed this writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs;
(i) Declare that Election Rule No:7 of Ext.P2 notification is violative of Ext.P1 bylaws and Article 26 of Constitution of India, 1950.
(ii) To issue a writ of certiorari or other appropriate writ or order setting aside Election Rule No:7 of Ext.P2 notification. (iii) Issue a writ of mandamus or any other writ, order or direction, directing the respondents to issue necessary direction to the returning officer to conduct election to the Governing Council of Paravur Muslim Jamaat, Thekkumbhagam, dehors the election Rule No:7 of Ext.P2 notification.”
In the writ petition, the Kerala State Waqf Board and its Divisional Officer are arrayed as the respondents.
2. The declaratory relief is sought for is in respect of Ext.P2 election notification dated 29.12.2025 issued by the Returning Officer appointed by the 1st respondent State Waqf Board in O.P.No.10 of 2024, pending before the Board.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for Kerala State Waqf Board for the respondents.
4. The issue that requires consideration in this writ petition is as to whether the petitioner can invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the aforesaid reliefs, in respect of the election scheduled to be held to the Governing Council of Paravur Muslim Jama-ath, Thekkumbhagam, which is a Wakf registered with the
1st respondent State Waqf Board.
5. As already noticed hereinbefore, the issuance of Ext.P2 election notification by the Returning Officer is one made pursuant to the order passed by the State Waqf Board in O.P.No.10 of 2024. In case the petitioner is having any grievance regarding the election scheduled to be conducted in terms of Ext.P2 election notification, he can either approach the 1st respondent State Waqf Board, by getting himself impleaded as a respondent in O.P.No.10 of 2024, or he can approach the Waqf Tribunal, challenging Ext.P1 bye-law of the of Paravur Muslim Jama-ath, Thekkumbhagam as well as well as Ext.P2 election notification dated 29.12.2025, by invoking the provisions under Section 83 (2) of the Unified Waqf Management, Empowerment, Efficiency and Development Act , 1995. The declaratory relief sought for in this writ petition and also the writ of mandamus sought for cannot be sought in a writ petition filed under Article 226 of the Constitution of India.
6. In such circumstances, this writ petition is dismissed on the ground of maintainability; however, without prejudice to the aforesaid rights of the petitioner.
The legal and factual contentions raised by the petitioner are left open to be raised before the appropriate forum at the appropriate stage.
Sd/-
