Sheik Muhideen S.N. vs Palayam Muslim Juma-Ath and The Kerala State Wakf Board

Thottathil B. Radhakrishnan, J.—Adv. T.H. Abdul Azeez takes notice for the first respondent. Adv. A.A. Abul Hassan, standing counsel, takes notice for the second respondent. The short issue is as to whether an elected Juma-ath Committee should be prevented from taking charge. That appears to be the effect of the impugned order of the Wakf Tribunal, in the back drop of the order of the Wakf Board that is impugned before the Tribunal. By no standards of practice and procedure governing grant of interim orders, could the right of an elected body to take charge be prevented. Judicial intervention with the process of election and to interdict an elected body from taking charge is resorted to only in exceptionally exceptional situations. At any rate, it would be even more rigorous, when the question of interim relief in such matters comes up. We do not find any reason why Annexure-A2 order dated 05.07.2012 issued by the Kerala State Wakf Board on I.A No. 101 of 2012 in O.P No. 142 of 2012 should not be permitted to operate. All that calls for is that the out-going committee shall give charge to the newly elected committee after producing the statement of accounts and documents for auditing the accounts of the Palayam Muslim Juma-ath. That direction of the Wakf Board is a compulsion on the out going committee to immediately produce the statement of accounts and documents under its control to pave way to the newly elected Juma-ath committee taking charge. It is hereby ordered that this shall be done in the General Body Meeting to be convened tomorrow as per notice already stated to have been issued. The impugned interim order of Wakf Board is modified to that effect. Let the documents be handed over in the General Body and taken over by the Auditor in the presence of the General Body. The Auditor from the Wakf Board shall be present in the meeting of the Jumaath meeting to carry out this direction.

C.R.P ordered accordingly.