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2022 DIGILAW 772 (KER)

Muttam Ihyaul Islam Juma Ath Committee Aim Mahal, Muttam v. Kerala State Waqf Board Rep. By Chief Executive Officer

2022-09-13

MURALI PURUSHOTHAMAN, P.G.AJITHKUMAR

body2022
JUDGMENT : Murali Purushothaman, J. 1. The Muttam Ihyaul Islam Juma Ath Committee (hereinafter referred to as ‘Juma Ath Committee’ for short), a society registered under the Societies Registration Act, 1860, and its President, have approached this Court under Article 227 of the Constitution of India challenging the election notified to the administrative committee of the Juma Ath. 2. Pursuant to the direction of the 1st respondent/the Kerala State Waqf Board, the 2nd respondent/the Returning Officer issued Ext.P11 notification dated 29.08.2022 for election to the Juma Ath Committee. As per Ext.P11, the date appointed for acceptance of nomination was 05.09.2022 and the date for the poll is notified as 15.09.2022. According to the petitioners, the election which is notified to be conducted on the basis of Ext. P10 final voters list is liable to be interfered with since it contains names of ineligible persons. It is stated that though the petitioners have submitted Ext.P13 objection before the 1st respondent against Ext. P10 voters list and the 1st respondent has issued Ext.P14 direction to the 2nd respondent/ Returning Officer to take necessary action on Ext.P13 objection, the Returning Officer is proceeding with the election, without rectifying the defects pointed out by them in Ext.P10 final voters list. 3. It is well settled that, the Courts shall be slow in interfering with election when the process has commenced and shall permit the electoral process to continue. Once the result of the election is declared, it would be open to the aggrieved parties to challenge the election before the appropriate forum. 4. The election process has already commenced with the issuance of notification and has reached an advanced stage. The process, other than the poll is over, and at this stage, this Court cannot interfere with the election. Further, the question as to whether Ext.P10 voters list is valid or not, is not a matter to be considered by this Court in exercise of jurisdiction under Article 227 of the Constitution of India. The aggrieved persons can challenge the election after the declaration of results before the Waqf Tribunal constituted under Section 83 of the Waqf Act, 1995. Without prejudice to the right to challenge the election before the Waqf Tribunal, this original petition is dismissed.