Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2019 BEFORE:
THE HON’BLE MR.JUSTICE B.VEERAPPA WRIT PETITION NO.50785/2019 [GM-WAKF] BETWEEN:
1. DR. MOHAMMED YOUSUFF, S/O. LATE MOHAMMED AHMED, AGED ABOUT 73 YEARS, NO.8, 5TH CROSS, M.R. GARDEN, BANGALORE-560006.
2. SRI. ASIF ALI SHAIK HUSSAIN, S/O. LATE SHAIKH HUSSAIN, AGED ABOUT 66 YEARS, AMEENPUR STREET, GADAG ROAD, KOPPAL-583231.
3. SRI. K.ANWER BASHA, S/O. KHAZI ABDUL KAREEM, AGED ABOUT 51 YEARS, ISLAMIC ARABIC MADARASA, MINORITY EDUCATION SOCIETY, NAGASAMUDRA VILLAGE, MOLKALMURU TALUK, CHITRADURGA-577535.
4. SRI. SYED NASIR HUSSAIN, S/O. SYED HAFEEZ, AGED ABOUT 49 YEARS, NO.164, BANDIHATTI ROAD, EX-SERVICEMEN COLONY, COWL BAZAR, BALLARI-583122.
5. SRI. TANVEER SAIT, S/O. LATE AZEEZ SAIT, AGED ABOUT 52 YEARS, NO.532, 3RD MAIN, M.G. ROAD CROSS, UDAYAGIRI, MYSURU-580019.
6. SMT. KANEEZ FATIMA, W/O. LATE QUMARUL ISLAM, AGED ABOUT 55 YEARS, NO.1-864/5, M.S.K, MILL ROAD, KALBURGI-583231. ... PETITIONERS [BY SRI. JAYAKUMAR S.PATIL, SENIOR COUNSEL A/W SRI. MAHAMAD TAHIR A., ADVOCATE] AND:
1. THE STATE OF KARNATAKA, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS CHIEF SECRETARY.
2. THE STATE OF KARNATAKA, THE DEPARTMENT OF MINORITY WELFARE, HAJ & WAQFS, VIKAS SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. THE REGIONAL COMMISSIONER, BANGALORE DIVISION, BANGALORE & ELECTORAL REGISTRATION OFFICER, ELECTION TO THE KARNATAKA STATE BOARD OF AUQAF, 2ND FLOOR, BMTC BUILDING, K.H.ROAD, SHANTINAGAR, BANGALORE-560027.
4. KARNATAKA STATE BOARD OF AUQAF, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU-560051, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. ... RESPONDENTS [BY SRI. R.SUBRAMANYA, ADDITIONAL ADVOCATE GENERAL A/W SRI. SRIDHAR N. HEGDE, HCGP FOR R1 TO R3.
R4 IS SERVED THROUGH HAND SUMMONS AND UNREPRESENTED] THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE R3 REGIONAL COMMISSIONER TO ISSUE NOTICE IN FORM NO.39 TO CONDUCT THE FIRST MEETING OF THE KARNATAKA STATE BOARD OF WAQF TO ELECT A CHAIRPERSON AS PER RULE 41 OF THE KARNATAKA WAQF RULES 2017 WITHIN 15 DAYS.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners in the above writ petition sought for writ of mandamus directing respondent No.3-Regional Commissioner to issue notice in Form 39 to conduct the first meeting of the Karnataka State Board of Wakf to elect a Chairperson as per Rule 41 of the Karnataka Waqf Rules 2017 within 15 days and writ of certiorari to quash the Government Order dated 13.09.2019 issued by respondent No.2 at Annexure-‘E’.
2. When the matter came up before this Court on 02.12.2019, learned Senior Counsel Sri. Jayakumar S.Patil, appearing for the petitioners contended that the results of election of Wakf Board was declared on 07.03.2019. It is mandate on the part of the State Government to notify within two weeks under various electoral colleges and issue notification containing the names of elected members under clause (b) of Sub-section (1) of Section 14 and other members nominated under Clauses (c), (d) and (e) of Sub- section (1) of Section 14 as members of the Karnataka State Board of Auqaf in Form 38. He would further contend that under Rule 40 of the Karnataka Wakf Rules, 2017, the State Government shall within two weeks after the receipt of results of election of the members of the Karnataka State Board of Auqaf under the various Electoral Colleges shall issue a notification containing the names of elected members from the four Electoral Colleges.
3. He would further contend that Rule 41 of the Karnataka Wakf Rules, 2017 contemplates that whenever the Board is constituted or re-constituted, the State Government shall fix by giving to the members not less than seven clear days notice in Form 39 a date for the first meeting of the Board to elect a Chairperson. The notice shall state the time and place of the meeting. In spite of the same, the respondents have not followed the procedure as contemplated. Therefore, he sought to allow the writ petition.
4. Per contra, Sri. R.Subramanya, learned Additional Advocate General for the respondents on instructions from Sri. Ibrahim, Secretary, Department of Minorities, who is present before the Court, submits that on or before 18.01.2020 election to the Chairperson will be conducted after following procedure under Rules 40 and 41 of the Rules.
5. The said submission is placed on record.
6. In view of the aforesaid submission and the admitted facts, the writ petition is allowed. Writ of mandamus is issued directing the 3rd respondent-Regional Commissioner to issue notice in Form 39 to conduct the first meeting of the Karnataka State Board of Wakf and ensure the election to the Chairperson shall be conducted on or before 18.01.2020 after following procedure under Rules 40 and 41 of the Rules, without further delay.
7. In view of the aforesaid submission made by the learned Additional Advocate General on instructions from Sri. Ibrahim, Secretary, Department of Minorities, who is present before the Court, prayer (b) may not survive for consideration. In any case, if the undertaking given before this Court is not complied, it is always open for the petitioners to file an application to review/recall this order.
Accordingly, the writ petition is disposed off.
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