Research › Search › Judgment

Kerala High Court · body

2025 DIGILAW 1610 (KER)

Sajal Ebrahim, S/o Ebrahim v. Kerala State Waqf Board

2025-06-09

N.NAGARESH

body2025
JUDGMENT : N.NAGARESH, J. The petitioner, who has been appointed as the Interim Mutawalli-cum-Returning Officer of the Cherthala Muslim Jama-ath in Cherthala Taluk, seeks to direct respondents 2 to 4 to afford adequate police protection for the life and property of the petitioner while functioning as the Interim Mutawalli-cum- Returning Officer of the Jama-ath. 2. The 1 st respondent-Waqf Board initially appointed Advocate T.A. Rafeek as the Interim Mutawalli-cum- Returning Officer of the Jama-ath. The 5 th respondent-Secretary filed complaint against that appointment before the Waqf Board. The Waqf Board, as per Ext.P1 order dated 10.02.2025, cancelled the order of appointment of Interim Mutawalli. 3. The Board thereafter appointed the petitioner as Interim Mutawalli for a period of six months. The petitioner was directed to publish voters list and conduct election of new office bearers to the Jama-ath Committee. When the petitioner took charge as Mutawalli, respondents 5 and 6 and persons under them caused obstruction to the smooth functioning of the petitioner. The petitioner was shouted at and abused. 4. As the obstruction from respondents 5 and 6 continued, the petitioner filed Ext.P3 complaint dated 04.04.2025 to the 4 th respondent. Ext.P4 complaint was filed before the 3 rd respondent. The petitioner also submitted Ext.P5 complaint to the District Police Chief. In spite of complaints, the petitioner is not in a position to manage the affairs of the Jama-ath or to conduct elections. Hence, the petitioner is before this Court. 5. The petitioner states that he has serious threat to life. The petitioner is a deemed public servant in view of Section 101 of the Waqf Act. The petitioner has to conduct elections within the stipulated time. Unless the police extends necessary protection, the petitioner will not be able to discharge his duties, which is of statutory nature. 6. Respondents 5 and 6 resisted the writ petition. Respondents 5 and 6 submitted that Section 63 of the Waqf Act gives authority to the Waqf Board to appoint Interim Mutawalli. To appoint an Interim Mutawalli, one or more of the grounds mentioned in Section 63 should be satisfied. The ingredients are not attracted in this case. The elected office bearers of the Jama-ath are ignored. The appointment of the petitioner as Mutawalli has been challenged before the Waqf Tribunal filing WOA No.25/2025. To appoint an Interim Mutawalli, one or more of the grounds mentioned in Section 63 should be satisfied. The ingredients are not attracted in this case. The elected office bearers of the Jama-ath are ignored. The appointment of the petitioner as Mutawalli has been challenged before the Waqf Tribunal filing WOA No.25/2025. When an appeal is pending before the statutory Tribunal, the appointment of the petitioner as Interim Mutawalli was unwarranted. 7. An order of the Waqf Tribunal may nullify the actions taken by the petitioner in his capacity as Interim Mutawalli-cum-Returning Officer. There is no issue of law and order in the Jama-ath. The writ petition is therefore liable to be dismissed. 8. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the 1 st respondent, the learned Government Pleader appearing for respondents 2 to 4 and the respective counsel appearing for respondents 5 to 8. 9. Ext.P1 is the order of the 1 st respondent-Waqf Board appointing the petitioner as Interim Mutawalli for a period of six months. In Ext.P1, the petitioner has been directed to act as Returning Officer and conduct election of the office bearers of the Jama-ath. The petitioner is therefore discharging the duties assigned to him by a statutory Board. Exts.P3 to P5 would indicate that the functioning of the petitioner as Interim Mutawalli-cum-Returning Officer is being obstructed by certain members of the Jama-ath. The petitioner alleges threat to his life and reputation. 10. Respondents 5 and 6 would contend that WOA Nos.17/25 and 25/25 are pending consideration before the Waqf Tribunal, challenging the appointment of Interim Mutawallies. When the legal issue is pending consideration before the competent statutory Tribunal, this Court shall not grant any police protection which would scuttle due process of law. Respondents 5 and 6 would further urge that the ingredients contained in Section 63 of the Waqf Act are not satisfied to appoint an Interim Mutawalli. 11. Whether the provisions of Section 63 are complied with in the order of appointment of the petitioner as Interim Mutawalli is a matter now pending consideration before the Waqf Tribunal. The fact remains that the period of the earlier Jama-ath Committee has expired. 11. Whether the provisions of Section 63 are complied with in the order of appointment of the petitioner as Interim Mutawalli is a matter now pending consideration before the Waqf Tribunal. The fact remains that the period of the earlier Jama-ath Committee has expired. The 1 st respondent statutory Board has therefore appointed the petitioner as Interim Mutawalli-cum-Returning Officer in order to manage the affairs of the Jama-ath with a direction to conduct election to the Committee within six months. The democratic process should go on. Members of the Jama-ath have no right to obstruct an Interim Mutawalli or Returning Officer appointed by the Waqf Board. 12. Respondents 2 to 4 are therefore directed to afford adequate police protection for the life of the petitioner and the property of the Jama-ath while the petitioner functioning as Interim Mutawalli-cum-Returning Officer of the Cherthala Muslim Jama-ath. The protection shall continue to be given till the petitioner discharges all his duties as Interim Mutawalli-cum-Returning Officer and ceases to be Interim Mutawalli. The writ petition is disposed of as above.