The court emphasized the need for timely intervention by the Wakf Board in managing serious governance issues before elections.

JUDGMENT

Muralee Krishna, J.

The petitioners filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 26^th respondent - the Kerala State Wakf Board (‘Wakf Board’ for short) to dispose of Ext.P4 original petition bearing No.192 of 2025 and Exts.P5, P7 and P8 interlocutory applications filed by the petitioners in that original petition, within a time frame to be fixed by this Court.

2. Going by the averments in the writ petition, the petitioners are permanent members of the Pengattussery Muslim Jama-ath, a Wakf registered with the Wakf Board and governed by an approved by-law. The Wakf is a major religious and charitable institution possessing extensive movable and immovable properties and generating several crores of rupees annually through multiple revenue streams, including an auditorium, shopping complexes, a CBSE school, donations, festivals, and other public collections. Despite its public character and substantial income, the affairs of the Wakf are being grossly mismanaged by the respondent committee in blatant violation of the approved by-laws and the provisions of the Waqf Act , 1995. The respondent committee has illegally constituted a trust without prior approval of the Wakf Board, which is expressly prohibited under Clause 6(a) of the by-laws and attracts statutory and criminal consequences. Serious financial irregularities, including misappropriation, suppression of income, false accounting, and unauthorized expenditure, are evident from the audit reports approved and published by the Wakf Board for the financial years 2020–2021 to 2023–2024. These findings are corroborated by earlier and subsequent inspection reports submitted by the Wakf Inspector, which consistently record grave violations and recommend initiation of appropriate action against the office bearers of the Jama-ath. In view of the said violations, the petitioners filed O.P. No.192 of 2025 before the Wakf Board along with Interlocutory Application No.271 of 2025 seeking initiation of criminal prosecution against the erring office bearers. However, despite the pendency of the original petition and interim applications, and without considering the seriousness of the allegations and audit objections, the Wakf Board appointed a Returning Officer and scheduled the election to the Managing Committee on 15.02.2026. The petitioners have filed multiple interim applications before the Wakf Board seeking advance hearing, disqualification of the tainted respondents from contesting the election, and stay/postponement of the election till the disposal of the pending original petition and interlocutory applications. However, the Wakf Board has failed to pass any orders and has adjourned the matter to a date after the scheduled election. If the election is permitted to proceed, persons against whom serious audit objections and criminal liability are established will continue to control the Wakf, rendering the statutory proceedings illusory and causing irreparable injury to the Wakf and its beneficiaries. The inaction and delay on the part of the Wakf Board have left the petitioners with no efficacious alternative remedy, compelling them to invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India. Hence, this writ petition.

3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Wakf Board. Considering the limited prayer in this writ petition, issuance of notice to the remaining respondents is dispensed with.

4. The grievance of the petitioners is that the Wakf Board is not considering