Jumma Masjid vs Karnataka State Board of Wakf and Others

S. Abdul Nazeer, J.—Though this matter is listed for orders, by consent of the learned Counsel appearing for the parties, it is taken up for hearing, heard and disposed of by this order. In this case, the petitioner has called in question the validity of the order passed by the Karnataka Board of Wakfs at Annexure-A, dated 26-11-2014 constituting an ad hoc Committee for managing the day-to-day affairs of the Wakf institution namely, Jumma Masjid, Akkarangadi Panemangalore, Bantwala Taluk, Dakshina Kannada District-574231.

I have heard the learned Counsel for the parties.

The contention of the learned Counsel for the petitioner is that a Committee has already been constituted in terms of the resolution at Annexure-B, dated 25-10-2013 for a period of three years. The term of the said Committee is upto the year 2016. Therefore, the Wakf Board is not justified in constituting an ad hoc Committee.

Learned Senior Counsel appearing for respondents 3, 5 to 9, 11 and 13 submits that the Committee was constituted for a period of one year. Since the said period has expired the Wakf Board has constituted an ad hoc Committee to manage the affairs of the Wakf institution and also for holding the elections.

It is evident from the resolution at Annexure-B that a Committee was constituted for managing the affairs of the Wakf institution. The Committee has sent the list of office bearers to the Wakf Board for approval as per the communication at Annexure-E. Perusal of the communication at Annexure-E clearly indicates that the office bearers were appointed for the year 2013-2014. There is no merit in the contention of the learned Counsel for the petitioner that Committee was appointed for a period of three years.

The Wakf Board in exercise of the powers conferred under Section 32(2)(o) of the Wakf Act, 1995, has constituted an ad hoc Committee as an interim measure to manage the day-to-day affairs of the Committee and for holding the elections. I do not find fault with the same because the Wakf institution has to be managed till the new Committee is elected. Therefore, I direct the present ad hoc Committee to frame a scheme in conformity with the model bye-laws of the Wakf Board or adopt the said bye-laws and send the same to the Wakf Board for approval within a period of four weeks from today. After receipt of the bye-laws as above, the Wakf Board is directed to consider its approval and appoint a Returning Officer to hold the elections to the Wakf institution within a period of four weeks from the date of the approval of the bye-laws. The election shall be held within four weeks from thereafter. The previous Committee is directed to hand over the accounts to the present ad hoc Committee forthwith. Writ petition is disposed of accordingly. In view of the disposal of the writ petition as above, I.A. No. 1 of 2015 does not survive for consideration. It is accordingly dismissed. No costs.