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Judgment
Antony Dominic, J.—Petitioners are members of Kochangadi Jama-ath Palli, which is governed by Ext.P1, a scheme settled by Anjikaimal District Court in OS 128/115. Now the election to the Wakf is proposed to be held, for which Returning Officer has been appointed. Such election is held in terms of the provisions contained in Ext.P1 scheme.
The case of the Petitioners is that the scheme is an old and outdated one and therefore should be revised appropriately. It is stated that though requests have been made, 1st Respondent is not taking any action in that behalf and on the other hand steps are made for holding election in terms of Ext.P1, which will be prejudicial to the members of the Wakf.
However, the stand taken by the the Wakf Board is that though it has the power to settle schemes under the Wakf Act, 1995, in so far as the Wakf in question is concerned, such exercise of power can only be subject to the restriction as imposed in Clause 14 of Ext.P1 scheme. It is stated that since the Petitioners have not satisfied the requirements of Clause 14 of Ext.P1, at this stage, the Wakf Board is unable to consider the requests for settlement of the scheme.
True, as contended by the counsel for the Petitioner, which in fact is not disputed by the standing counsel for the Wakf Board also, under the Wakf Act, the Wakf Board has the power to settle the schemes governing the administration of a Wakf. However, in so far as the Wakf in question is concerned, that is presently governed by Ext.P1 scheme settled by the District Court in OS 128/115. Clause 14 of the scheme provides the manner in which revision or modification of the scheme can be effected, which reads as under:
14.
As at present, the provisions of Ext.P1 binds the Petitioners. If that be so, even though the Wakf Board has the power for settlement of schemes, any request for modification or revision can be made only in compliance with Clause 14 of Ext.P1, which requires a resolution to be passed and an application to be made to the District Court for seeking permission. As at present, Petitioners have not satisfied this condition. Therefore, at this stage, it is premature for the Petitioners to seek a direction to the Wakf Board, to deal with their request for settlement of a new scheme.
Therefore these writ petitions are disposed of leaving it open to the Petitioners to move the District Court in terms of Clause 14 of Ext.P1 and thereafter the Wakf Board for revision or modification of Ext.P1 scheme.
In so far as the election that is now scheduled to be held is concerned, until Ext.P1 scheme is revised or modified, the administration of the Wakf is liable to be carried on in terms of Ext.P1. Nobody has a case that the steps taken for the election are in departure of Ext.P1. If that be so, election process now initiated cannot be stopped.