Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for records relating to the impugned order made by the 1st respondent in PROC No. 17228/09/B1/K.Kumari dated 05.03.2026 in so far as it requires re-holding of election for office bearers is concerned and quash the same as illegal.

ORDER

This writ petition is filed challenging the impugned order dated05.03.2026.

Upon hearing the learned counsel for the petitioner and perusing the affidavit filed in support of the writ petition, it can be seen that the Waqf in question is administered under a scheme framed by the Waqf Board. As per the same, the election of the managing committee was notified on 11.12.2025. A challenge was made to the notification in W.P(MD)No.36881 of 2025, which came to be dismissed on 26.12.2025. Consequently, the elections were conducted on 28.12.2025 and the nine members managing committee was declared elected. Thereafter, on 07.01.2026 the nine- members committee met to further elect the office bearers. During the said meeting, four out of the nine members seems to have walked away and the 5 members being the majority present, have elected the office bearers.

It is the further contention on behalf of the petitioner that even those four members were also present, while the election was conducted but however they only did not sign the proforma and walked away at the last minute.

Under the said circumstances when the charge was not handed over to the Managing Committee, W.P(MD)No.4651 of 2026 was filed and by an order dated 19.02.2026, this Court directed the respondents to hand over of the charge within one week. Under the said circumstances, the present writ petition is filed aggrieved by the impugned order whereby, while recognizing the nine members as elected as managing committee, the impugned order observes that they should further conduct election of the office bearers among themselves. Aggrieved by the said observation and also aggrieved by the fact that till date the management has not handed over the charge, the present writ petition is filed.

When the matter came up for hearing, the learned counsel appearing on behalf of the Waqf Board produced the proceedings of handing over the management and submit that on 11.03.2026, the management has been handed over to the Managing Committee. It is his contention that the election for the selection of nine members of the Managing Committee was held on 28.12.2025 and only on 05.03.2026 the Board, by its resolution, approved their selection. Only thereafter, the further election of office bearers can be undertaken and therefore, the impugned order need not be interfered with.

In reply thereof, the learned counsel for the Petitioner would point out the pro-forma that is filed along with the typed set of papers, whereunder the selection of the office bearers was fixed on 07.01.2026 and in the presence of the Superintendent of the Waqf, the election of the office bearer took place and he has also signed and duly affixed the seal in respect of the said election.

I have considered the rival submissions made on either side and perused the material records of the case.

As far as the election of the nine-members committee, there is no dispute that took place on 28.12.2025 and the nine-members committee has also been approved by the Waqf Board. Further the management was entrusted to them as on 11-3-2026. With reference to the office bearers, it is true that the nine-members committee has to elect office bearers, among themselves. Needless to mention that it has to be as per the majority. Even though it can be seen that four members have not signed the ledger for election, it can be seen that the five members have signed and the election has taken place on 07.01.2026 in the presence of the Superintendent.

In view thereof, even if the four members dispute, the majority will prevail and therefore, there is no any express provision that only after the ex