Election process per court directions continues; individual objections handled by Waqf authorities and Advocate Commissioner.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This petition has been filed for a direction, directing the respondents to consider the petitioners representation dated 26.02.2026 and consequently ensure the inclusion of all eligible persons in the electoral rolls of the Jamia Masjid Trust without discrimination and any interference from external influences and further direct the Respondents to conduct the election Strictly in accordance with the Trust By laws and the Directions passed in W.P. no 41668 of 2025 under the direct supervision of the advocate commissioner appointed in W.p. No 20280 of 2025.

3.It is the case of the petitioner that the petitioner is a Sunni Muslim residing at Suramangalam Village, Salem District and has been regularly offering prayers and participating in the religious activities of the Suramangalam Mosque, registered under Wakf named called Noorul Islam Jamia Masjid which is administered by the Salem Jamia Masjid Trust. The petitioner is a bonafide member of the mosque congregation and is actively involved in its religious and welfare activities. The Salem Jamia Masjid Trust is an enumerated Wakf published under G.S.No.227/Salem and is governed by a scheme framed by the competent civil court in OS.No.36 of 1941 dated 01.07.1969. As per the scheme, the administration of the Wakf is carried out by a Governing Body consisting of 50 members, with 10 members elected from each of the five wards. From among them, a five member Executive Committee is formed to administer the Wakf and elect the Muttawalli and Naib Mutawali.

4. The petitioner has been continuously participating in the affairs of the mosque and has been contributing to the mosque by paying the monthly shanda subscription. The petitioner was also selected as a member of Ramadan Committee pursuant to the proceedings of the CEO of Tamil Nadu Waqf Board dated 26.07.2011. As per the bye-laws governing the Trust, any qualified member having voting right is entitled to contest the election for the administration of the mosque. The petitioner fulfils the required qualification and is eligible to contest in the elections. It is the grievance of the petitioner when the petitioner approached the Superintendent of Wakf on 26.02.2026 seeking application for participating in the election, the same was refused, hence, the petitioner submitted a representation on 26.02.2026 for participating in the election process, but no action has been taken so far. Hence, the petitioner has filed this petition for a direction to conduct the election strictly in accordance with the by-law and under the supervision of Advocate Commissioner appointed by this Court in WP.No.20280 of 2025 and in terms of the order made in WP.41668 of 2025.

5. The learned counsel for the Waqf Board submitted that this Court vide order dated 09.09.2025 in WP.No.20280 of 2025 had appointed Advocate Commissioner for conducting election of the Jamia Masjid Trust (G.S.No.227) and series of directions were issued in WP.No.41668 of 2028 vide order dated 04.02.2026 in furtherance of conducting elections. This Court vide order dated

04.02.2026 has directed that on 26.02.2026, draft list be published on the notice board or in any other prominent place in all the respective 19 masjids, and any objection or claim for inclusion or deletion may be made before 05.03.2026 by addressing a representation to the Superintendent of Wakfs, which shall be decided and placed before the Advocate Commissioner, who will then approve or reject the decision. Admittedly, the petitioner has given his objection, the Superintendent of Wakf has considered the objection of the petitioner and th