Abdul Latheef C.K. and Others vs K.M. Haneefa and Others

T.B. Radhakrishnan, J—We have heard the learned counsel for the petitioners and the learned Standing Counsel for the Wakf Board. Petitioners are at the midst of facing an election to a Mahal Committee. The election is being carried through the returning officer under orders of the Wakf Board. On the premise that an application has been filed before the Wakf Board alleging that the electoral process is not in accordance with the by-laws, this original petition is filed invoking Article 227 of the Constitution, as if it is one seeking interference in supervisory jurisdiction. The authority to which proceedings may lie from actions and orders from the Wakf Board is the Wakf Tribunal. No proceeding is pending before the Wakf Tribunal. Be that as it may, it is trite law that, in matters relating to elections, the Courts and other authorities will keep their hands off and permit the electoral process to continue since any challenge to an election conducted, or to the election of a particular person, can be had only after the declaration of results. The allegation that the electoral process is not going through in accordance with the provisions of by-laws is not a matter that could be agitated during the currency of the electoral process. More importantly, we are not inclined to accept any challenge to that in the course of an application under Article 227 of the Constitution. This original petition fails.

In the result, this original petition is dismissed in limine. We clarify that we have not expressed anything on the merits of the claims or contentions of the petitioners or the rival respondents touching the subject-matter of the very dispute in relation to the election in question.