The President, Nilakkamukku Muslim Jama - Ath and Others vs M. Abdul Wahab

Thottathil B. Radhakrishnan, J.—These revisions were disposed of by a common order dated 10th November, 2010 setting aside the impugned judgment applying the ratio of the decision of the Apex Court in Ramesh Gobindram (dead) through Lrs. Vs. Sugra Humayun Mirza Wakf, . Later, in Board of Wakf, West Bengal Vs. Anis Fatma Begum and Another, , the plaintiffs filed R.P.No. 45 of 2011. That was allowed by the Bench consisting of Justice A.K.Basheer & Justice P.Q. Barkath Ali on 2.2.2011. Technically, the common order to the extent it covers C.R.P.No. 1017 of 2006 also needs to be reviewed paving way for rehearing of the revisions. We, accordingly, suo motu review the order dated 10th November, 2010 in so far as it related to C.R.P. No. 1017 of 2006 and re-open that revision also. We resort to this since we see that both the learned Judges who had rendered that order have since been demitted office and the matter can, therefore, be treated here. The latter among the captioned matters is by the plaintiffs and the former by the first defendant in a suit filed before the Wakf Tribunal, Kollam. By the decree impugned before us, the Tribunal dismissed the plea of the plaintiffs for a direction to the defendants to render accounts for a particular period. The fact of the matter remains that the wakf has to be registered. The direction in this regard as contained in the impugned judgment cannot, therefore, be interfered with. The learned counsel appearing for the plaintiffs and the learned senior counsel appearing for the first defendant also have no doubt about the fact that the wakf has to be registered. The question of rendition of accounts can be treated by the Wakf Board under its control thereupon.

The next question between the parties was as to whether the election has to be held in a time frame. The bye-laws prescribe annual election. The mode of election is a matter to be regulated by the bye-laws. At any rate, the Wakf Board can supervise the conduct of election in terms of bye-laws. This shall be got done at the earliest on production of a copy of this order. The Wakf Board will supervise and necessary expenditure for that will be met by the wakf in question. With this, we clarify that nothing contained in the impugned judgment will stand in the way of the parties seeking further relief on the basis of the Wakf Board''s decision as and when the wakf is registered and after the election is held and also in terms of any direction as to rendition of accounts. Neither the impugned judgment nor this order in these revisions will fetter authority of the Wakf Board to direct rendition of accounts even for subsequent periods or previous periods, in accordance with law. The Wakf Board will do the needful in terms of the directions aforesaid within three months from the date of receipt of a copy of this order. These revisions are ordered accordingly.