Research › Search › Judgment

Karnataka High Court · body

2015 DIGILAW 1145 (KAR)

Syed Abdul Rasheed v. State of Karnataka

2015-09-30

A.S.BOPANNA

body2015
ORDER : A.S. Bopanna, J. 1. The petitioners are before this Court assailing the order dated 21-6-2014 impugned as at Annexure-L to the petition. The petitioners are also seeking that the order dated 28-5-2009 at Annexure-B be quashed. The petitioners are further seeking action against the respondents by holding an enquiry. The petitioners claim to be the residents of Mandi Mohalla, Mysuru and are interested in the Wakf Institution called Masjid-E-Dargahi Mosque at Mandi Mohalla, Mysuru. The grievance of the petitioners is that respondent 2 instead of taking steps to hold elections for the Managing Committee of the said institution have without basis assumed direct management under Section 65(1) of the Wakf Act, 1995 had appointed the third respondent as the Administrator and are prolonging the management in such manner. 2. In that light, the petitioners claim that the action of respondent 2 is not justified and the continuance of respondent 3 as the Administrator is to be set aside and appropriate direction be issued to hold elections and appoint an elected Managing Committee for continuing the affairs of the institution. The petitioners have also referred to the order at Annexure-E passed in revision application wherein the Secretary to Government, Government of Karnataka, Minorities Welfare Department had while passing the order dated 17-6-2011 directed that the Managing Committee be elected within six months. 3. Though several contentions have been urged by the learned Counsel for the petitioners as also the learned Counsel for the respondents, at the time of hearing these petitions, learned Counsel for respondent 2 has made available to this Court a copy of the order dated 3-7-2015 passed by respondent 2. A perusal of the same would indicate that respondent 2 on taking note of the entire aspect has directed that the elections be held by the Administrator to constitute the Managing Committee through the General Body Meeting to be scheduled and in that regard, a direction had also been issued that such elections be held within a period of three months. It is no doubt true that the period of three months as indicated therein has lapsed and there is no material on record to indicate that the Administrator has held the elections and appointed an elected Managing Committee. It is no doubt true that the period of three months as indicated therein has lapsed and there is no material on record to indicate that the Administrator has held the elections and appointed an elected Managing Committee. Therefore, without adverting to other aspects of the matter, when respondent 2 themselves have indicated the intention to hold elections for the Managing Committee, the holding of elections is to be ensured. Hence, a direction is issued to respondent 2 to secure the conduct of elections to elect the Managing Committee for the Wakf Institution which is the subject-matter herein. The process for holding the elections shall be commenced forthwith on a copy of this order being furnished to respondent 2. The elections shall be held as expeditiously as possible, but not later than three months from the date on which the certified copy is furnished to respondent 2. In terms of the above, the petitions stand disposed of.