High CourtsDivision Bench(2023) 06 KL CK 0053

Hamsa V vs Kerala State Waqf Board, Vip Road, Kaloor, Kochi, Represented By Its Chief Executive Officer, Pin 682017

High Court Of Kerala · Decided on 6 June 2023

HON’BLE JUDGES
A.Muhamed Mustaque, J · Sophy Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 15502, 15658 Of 2023

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Judgment

8 paragraphs · 271 words

A. Muhamed Mustaque, J

1.

These matters are related to the election of Mangadu Noorul Hidaya Committee. The election is called in question by the persons claiming to be the members that Mahallu Committee through this writ petition. At the out set, it is doubtful as to the maintainability of the writ petition filed by the members of the Mahallu Committee in regard to the election of the Committee. Be that it may, this Court on 19.05.2023 passed an order in W.P(C)No.15502 of 2023 to keep the disputed votes in separate ballot box and to declare the results. The results have been published and a new Committee appears to have taken charge.

2.

It is now stated at the Bar, WAQF Board is keeping the custody of the disputed votes numbering 88 (as polled).

3.

The election disputes can be decided only by the competent authority like WAQF Tribunal. The parties are relegated to approach the Tribunal. The Tribunal shall consider the challenge to the election as expeditiously as possible. The Tribunal can decide the fate of vote polled by the disputants (88) after hearing both sides.

4.

The Tribunal can summon the production of the votes from the WAQF Board and take appropriate decision after hearing both sides.

5.

If any suit is filed by the Tribunal, that shall be disposed of as expeditiously as possible, at any rate, within a period of six months.

6.

The WAQF Board shall keep the ballot box in the safe custody until it is ordered to be produced before the Tribunal.

Declining to interfere with the matter, we dispose of these writ petitions.