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2016 DIGILAW 703 (UTT)

Julfikar Ali v. Election Officer Uttarakhand

2016-10-04

V.K.BIST

body2016
JUDGMENT : V.K. Bist J. Present petition has been filed by the petitioner seeking following reliefs:- “I. A writ, order or direction in the nature of certiorari call for the record of the case and quash the notification dated 27.09.2016 so far it relate to serial no.36 contained in Annexure no.1 to the writ petition. II. A writ, order or direction in the nature of mandamus directing the respondents to include the name of the petitioner in place of the respondent no.3 in the notification dated 27.09.2016. III. A writ, order or direction in the nature of mandamus directing the respondent no.1 to correct the list given in the notification dated 27.09.2016 thereafter conduct the election.” 2. The facts relevant to the controversy of the present petition are that on 12.05.2016 Election Officer/Additional Secretary, Minority Welfare Department, Government of Uttarakhand issued a notification (published in New Delhi Edition of Times of India) in which tentative voter list of Mutwalies of 13 Waqf properties whose collection of offerings was above 1.00 lakh was published. By this notification objections were invited within 15 days. Thereafter on 27.09.2016 subsequent notification is issued by respondent no.1 wherein in it stated that after the publication of notification dated 12.05.2016 and after considering the written complaints as well as after giving opportunity of personal hearing, the final voter list of the Mutwalies of the Waqf properties having collection over Rs.1.00 lakh is being published. By the said notification election of one member of Waqf Board has been declared in the following manner: (i) 03.10.2016-filing of nomination paper and security (ii) 04.10.2016-withdrawl of nomination (iii) 05.10.2016- Election 3. The learned counsel for the petitioner is putting challenge to the notification by raising following submissions: It is the contention of learned counsel for the petitioner that the petitioner committee is duly constituted and appointed management committee by the Uttarakhand Waqf Board for the management of the Waqf property no.157 as such in place of respondent no.3, name of petitioner should be in the voter list. Learned counsel for the petitioner contended that respondent no.3 is neither the administrator of the Waqf property nor he is sadar of the management committee despite that respondent no.1 had shown him in the list as per provision contained in the sub section IV of section 14 of the Uttarakhand Waqf Act only the mutawalies of the waqf having an annual income of Rupees One Lakh and above can cast vote and contest the election for membership of waqf board. He contended that action of respondent no.1 in placing the name of respondent no.3, who is neither mutawali nor administrator of waqf property, in the list of mutawalies of the waqf having an annual income of Rupees one lakh and above is illegal. He further contended that respondent no.1 deliberately given very short time of only 8 days for election so that the illegality committed by him not be challenged by any one in any court due to shortage of time. 4. I have considered the submission of the learned counsel for the petitioner. The petitioner has challenged the notification dated 27.09.2016 by which final list of Mutwalies has been published, election has been declared and election schedule has been published. Nomination papers have already been filed by the candidates on 03.10.2016. In such circumstances, petition fled by the petitioner for cancellation of election schedule cannot be entertained. Same is dismissed. However, it will be open to the petitioner to seek appropriate remedy before the appropriate forum after election is over. 5. Let a certified copy of this order be supplied to the counsel for the parties within 24 hours.