Syed Ibrahim v. Chief Executive Officer, Tamil Nadu Wakf Board, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai
2014-10-28
M.VENUGOPAL
body2014
DigiLaw.ai
Judgment 1. Heard the learned counsel for the Petitioners and the learned counsel for the respondents. 2. The learned Senior counsel for the Petitioner in W.P.No.17309 of 2014 submits that the Petitioner is a Secretary of Muslim Jamath Pallivasal and Periya Pallivasal, Sankarankovil which is a notified Wak under the supervision and control of the first respondent Wakf Board. There are about 1300 members in the Petitioner's Jamath, the administration of the said Jamath and its properties is vested in the Managing Committee/Executive Body of the members, who are elected by the General Body. Further, from among the elected members of the committee, the President and Secretary of the committee are elected by other members. 3. The learned senior counsel for the Petitioner in W.P(MD).No.17309 of 2014 contended that the Jamath was administered in the said manner by its elected representatives till date and in the elections held during the year 2009, the Petitioner and 14 other members of the committee were elected and the Petitioner was elected as Secretary of the Jamath and he has been discharging his duties as such till date. As the tenure of the Management Committee expired, the Petitioner made representation seeking to hold elections for their wakf so that a new management can be elected. Added further, the first respondent appointed the fourth respondent as Election Officer and directed him to hold election for the Petitioner's Jamath. In furtherance to the same, the fourth respondent issued a notification seeking applications and objections as to the voters electoral list of the Jamath. Pursuant to the said notification, it is believed by the Petitioner's area who have been having a separate mosque and management also sought to include them in the electoral list of the Jamath. However, the fourth respondent on detailed consideration of their applications and having regard to the fact that they are not qualified for being included as members of the Jamath, by his proceedings dated 19.09.2014 rejected their request for inclusion of their names in the electoral rolls of the Jamath. 4. When that being the factual situation, on finalization of electoral list, the same was published by the fourth respondent on 11.09.2014 and the fourth respondent also issued a notification specifying the schedule for the election to be held on 12.10.2014 and the results would be declared on the same date.
4. When that being the factual situation, on finalization of electoral list, the same was published by the fourth respondent on 11.09.2014 and the fourth respondent also issued a notification specifying the schedule for the election to be held on 12.10.2014 and the results would be declared on the same date. It appears that 35 persons submitted their nominations and three persons opted out from the elections. Thus, the final list of contestants whose nominations were accepted (32 persons) was published by the fourth respondent on 27.09.2014. When the factual matrix was thus, the election process was proceeding peacefully, individuals whose names were not included in the electoral rolls all of a sudden two days before the election i.e., on 10.10.2014 attempted to protest against the holding of the election. However, the fourth respondent, to the Petitioner's shock and surprise informed on 11.10.2014 that the police have refused to provide protection as they apprehend that there will be a breach of peace if elections are held and hence the same was postponed sine Die. 5. In the above backdrop, the Petitioner made representation on 14.10.2014 requesting the fourth respondent to hold elections. But it ended in vein. At this juncture, the learned senior counsel for the Petitioner projects the argument that it is the duty on the part of the Police under the Tamil Nadu District Police Act, 1859 to provide protections from public whenever required for and to prevent any offence and preserve peace. In effect, the stand of the Petitioner in W.P(MD) No.17309 of 2014 is that the Police cannot shut the responsibility to provide police protection. Hence the Petitioner has filed the present Writ Petition praying for passing of an order directing the respondents 1 and 4 to hold elections for the Muslim Jamath Pallivasal and Periyapallivaal, Sankarankovil within the time that may be stipulated by this Court and consequently to direct the third respondent to provide adequate police protection for the holding of such election. 6. The prayer sought for by the Petitioner in W.P(MD)No.171128 of 2014 is for passing of an order in directing the respondents 1 to 3 to provide adequate police protection for the conduction of election for the Executive Committee, Muslims Sunnath Jamadh, Sankarankovil, Tirunelveli District on the date to be fixed by the fourth respondent. 7.
6. The prayer sought for by the Petitioner in W.P(MD)No.171128 of 2014 is for passing of an order in directing the respondents 1 to 3 to provide adequate police protection for the conduction of election for the Executive Committee, Muslims Sunnath Jamadh, Sankarankovil, Tirunelveli District on the date to be fixed by the fourth respondent. 7. This Court has perused the contents and averments made in both the Writ Petitions filed by the respective Petitioners. The relief sought for by the Petitioners in both the Writ Petitions are one and the same. 8. At this stage, the learned standing counsel for the Tamil Nadu Wakf Board, Chennai, brings it to the notice of this Court that the Tamil Nadu Wakf Board, Chennai is ready and willing to conduct the elections for Muslim Jamath Pallivasal and Periyapallivasal, Sankarankovil, but election was deferred because of the reason that the police had refused to give protection in regard to the conduct of the election in question. 9. Conversely, it is the submission of the Mr. V. Muruganandam, learned Additional Government Pleader appearing for the respondents 2 and 3 and Respondents 1 to 3 in W.P(MD)Nos.17309 and 17118 respectively, contends that the police apprehends law and order problem at the hands of the expelled members, if the election is conducted. 10. On a careful consideration of the respective contentions and in view of the fact that in both the Writ Petitions, the Petitioners pray for the conduct of the election to the Muslim Jamath Pallivasal and Periya Pallivasal, Sankarankovil by issuance of necessary directions by this Court to the respondents 1 to 4 to hold elections within the time limit adumberated by this Court and consequently to direct the third respondent/Superintendent of Police, Tirunelveli District to provide adequate police protection for holding of such election, this Court on an overall assessment of the entire conspectus and attendant facts and circumstances of the case, in an integral passion and in the interest of Justice, Equity and Fair play, directs the Respondents 1 to 4 in W.P(MD)No.17309 of 2014 to hold elections for the Muslim Jamath Pallivasal and Periya Pallivasal, Sankarankovil on 03.11.2014 and for such conduct of election, this Court directs the third respondent/Superintendent of Police, Tirunelveli District to provide adequate police protection for holding of such election in a proper and peaceful manner.
It is open to the Petitioner in W.P(MD)No.17309 of 2014 as Secretary of Muslim Jamath Pallivasal and Periyapallivasal, Sankarankovil to prefer a petition before the third respondent (The Superintendent of Police, Tirunelveli District) seeking police protection for the election to be held on 03.11.2014 for the Muslim Jamath Pallivasal and Periyapallivasal, Sankarankovil and on receipt of such petition/application concerned, the third respondent is to take necessary further steps for providing adequate police protection for holding of the election on 03.11.2014 at about 9.00 a.m. Onwards scheduled to be held in the premises of the mosque. 11. With the aforesaid directions, these Writ Petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.