Abdul Azeez vs Kerala State Wakf Board

Mohammed Nias.C.P. J.

These writ petitions are filed by the members of the second respondent Pallikkal Bazaar Juma-ath Mahal Committee, registered with the Kerala Wakf Board. Pursuant to the directions of this Court in various proceedings, Advocate Commissioners, respondents 3 and 4, were appointed to conduct election pursuant to Ext.P1 election notification dated 7.1.2023. The Advocate Commissioner had published a draft voters list in which the name of petitioners were correctly shown. However, in the final voters list prepared by the Advocate Commissioner, the names of the petitioners were wrongly shown and accordingly nomination submitted by the petitioners correctly showing their names in the prescribed form has been rejected by the Advocate Commissioner stating that there is difference in the spelling of the candidates in comparison with the final voters list. Accordingly, in WP(C)No.2171 of 2023 Ext.P6 is challenged and in WP(C)No.2379 of 2023, Ext.P5 proceedings is under challenge.

A similar issue where identical contentions were raised challenging the rejection of the nominations on the ground of spelling mistakes in the names were considered in WP(C)No.1621 of 2023. This Court found that the defects noted with respect to the spelling were too hypertechnical and that the nomination should not have been rejected for the said reason and direction was issued to the Returning Officer to accept the nomination of the petitioners for the election scheduled on 29.010.2023. It is submitted by all the parties that the issue involved in these writ petitions are also exactly similar and that similar directions may be issued.

Accordingly, impugned orders in these writ petitions are quashed and there will be a direction to respondents 3 and 4 to accept the nomination of the petitioners for the election scheduled on 29.1.2023 and to act in furtherance thereof.

The writ petitions are allowed as above.