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2026 Supreme(Online)(Ker) 24713
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
NAJEEB – Appellant
Versus
KERALA STATE WAKF BOARD – Respondent
WP(C) NO. 13379 OF 2026
For the Appellants/Petitioners: SRI.V.P.MOHAMMED NIYAZ
For the Respondents: SRI.JAMSHEED HAFIZ
A petitioner can withdraw a writ petition under Article 226 without prejudice to their rights to seek statutory remedies.
Headnote:In this writ petition filed under Article 226, the petitioner seeks to quash the rejection of his nomination for the election to the Managing Committee of the Jama-ath by the Returning Officer. The Court allows the petitioner to withdraw the petition without prejudice to his right to seek statutory remedies. The critical ruling by the Court is that the writ petition is dismissed as withdrawn.
| Table of Content |
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| 1. petitioner seeks to quash nomination rejection. (Para 1) |
| 2. petitioner withdraws the writ petition. (Para 2) |
| 3. the court dismisses the petition as withdrawn. (Para 3) |
Anil K. Narendran, J.
The petitioner, who is a member of the 2nd respondent Pazhayapally Muslim Jama-ath, which is a Waqf registered with the 1st respondent Kerala State Waqf Board, having registration No.3904/RA, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 communication dated 29.03.2026 of the 3rd respondent Returning Officer, whereby the nomination of the petitioner for election to the Managing Committee of the Jama-ath, scheduled to be held on 12.04.2026, based on Ext.P1 election notification dated 06.03.2026 issued by the Returning Officer, stands rejected for the reasons stated therein. The petitioner has also sought for a writ of mandamus commanding the 3rd respondent Returning Officer to include the name of the petitioner in the list of candidates in the ballot paper.
2. We heard the arguments of the learned counsel for the petitioner and also the learned Standing Counsel for the Kerala State Waqf Board for the 1st respondent.
3. After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw this writ petition, without prejudice to the right of the petitioner to invoke the statutory remedy before the appropriate forum.
Based on the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn; however, without prejudice to the aforesaid right of the petitioner.
