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Judgment
Basant Balaji J.,
The Writ Petition is filed with the following reliefs:
“(i) Appoint an Advocate Commissioner to prepare voters list of the members residing within the territorial jurisdiction of the 1st respondent and to conduct
election to the Managing Committee of the 1st respondent on the basis secret ballot and the voters list prepared by the Advocate Commissioner.
(ii) Issue a writ of mandamus or other appropriate writ or order directing the respondents 1 to 3 to conduct election to the Managing Committee of the 1st respondent
on the basis the Bye law within a time frame fixed by this Court.â€
The averments in the writ petition in brief are as follows:
The petitioner is a member of first respondent Mahallu committee. The first respondent is a registered Waqf. The administration and management of
the first respondent is managed by the Committee elected as per the bye-law of the first respondent. Respondent Nos.2 and 3 are the office bearers
of the first respondent. The administration and management of the first respondent is carried out as per its bye-law. As per clause 5 of the bye-law,
every person who has attained majority within the territorial jurisdiction of the first respondent is entitled to be a member. But voting
rights and candidature in election are limited to the male members who have attained majority within its limits.
The present management committee was elected in the election conducted on 02.10.2017. The committee can continue in office only upto
1.10.2020. As per clause 7(c) of Ext.P1 bye-law, the term of the managing committee is for a period of 3 years. But clause 7(d) authorises its
continuance for a maximum period of three months more in case of any contingency. So the management committee can continue upto 1.1.2021 since
election is not conducted.
When the tenure of the managing committee was about to expire, some of the members of the first respondent requested the committee members
to conduct election for the next tenure. But the committee members were postponing the election citing the reason of Covid-19 pandemic. According
to the petitioner, the present office bearers are continuing in office even after the extended period of three months citing the contingency that arose
due to Covid-19 pandemic. It is also averred in the Writ Petition that two members of the first respondent had approached the Chief Executive Officer
of Waqf Board, Ernakulam seeking a direction to conduct the election to the first respondent and in the said application a communication was issued to
the first respondent directing the first respondent to conduct the election in a democratic manner.
The grievance of the petitioner, is that being the member of first respondent, even though the present managing committee was bound to vacate the
office by 1.1.2021 are continuing in office without conducting an election even after expiry of one year. In these circumstances, this writ petition is
filed.
A counter affidavit is filed by respondent Nos. 1 to 3.
The main contention raised by the contesting respondents is that the petitioner has no locus standi to approach the court with the prayer to conduct
the election of the first respondent Jama-ath when he is the president of Mattummal Palli Mahallu Committee. It is also pointed out that Mattummal
Palli Mahallu Committee got separated from the first respondent committee at their own instance and it is functioning as a separate Mahal conducting
their own election for selecting their office bearers. Hence, the petitioner has no right to interfere with the affairs of the first respondent Jama-ath.
The contesting respondent Nos.1 to 3, through their counter affidavit, also contended that the administration of first respondent is being done strictly
adhering to the bye-law of Jama-ath and the members of the first respondent have not raised any complaint. It was also submitted that they are ready
with the list of members who are having voting rights in the first respondent Jama-ath and are ready to provide the same to the Returning Officer. It
was also reiterated that they have no objection in conducting the election.
A reply affidavit is filed by the petitioner to the counter affidavit filed by respondent Nos.1 to 3 producing Exts.P3 to P5 marriage certificates of the
petitioner, sister of petitioner and also the father of the petitioner to prove the fact that the petitioner as well as the family members are residing within
the territorial limits of the first respondent and accordingly, they are members of the first respondent going by clause 5 of the bye-law.
Though there are disputed questions of fact we are not going into those aspects in this Writ petition. It is an admitted fact of both the parties that
the term of the management committee expired on 1.10.2020 and as per clause 7(d) of bye-law the committee can continue for another period of 3
months. So they are entitled to continue in office till 1.1.2021. It is true that there were restrictions imposed by the Government due to Covid-19
pandemic. Gatherings of people were restricted to prevent the spread of pandemic. But due to passage of time, the State Government after evaluating
the spread of pandemic eased the restrictions. But even then, the first respondent did not take any steps to conduct the election for the last one year.
The management committee of first respondent is to be constituted through an election in a democratic way. They cannot continue indefinitely in the
name of pandemic. Considering the entire facts and circumstances of the case and taking into note of the clauses in the bye-law, we are of the
considered opinion that the present management committee of the first respondent cannot continue indefinitely without conducting an election. Hence,
we are of the opinion that appropriate directions are issued to respondent Nos.1 to 3 to conduct the election within a time frame.
In the result, the Writ Petition is disposed of directing respondent Nos.1 to 3 to conduct the election to the management committee of the first
respondent on the basis of bye-law in force within a period of six months from the date of receipt of a copy of this judgment.