IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION No.34088/2016 C/w.
WRIR PETITION No.48252/2013 & WRIT PETITION No.56412/2014 (GM-WAKF) IN WP No.34088/2016 BETWEEN:
MR.H.A.MOHIUDDIN KHAN, S/O ABBAS KHAN, AGED ABOUT 46 YEARS, RESIDENT OF CHAMARAJPET, HOSDURGA TOWN, DISTRICT CHITRADURGA. …PETITIONER (BY SRI. S.Z.A. KHURESHI, ADVOCATE) AND:
1. KARNATAKA STATE BOARD OF WAQF, NO.6, CUNNINGHAM ROAD, BENGALURU-560 052.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. MANAGING COMMITTEE OF JAMIA MASJID, JAMIA MASJID, A REGISTERED WAQF, HOSDURGA TOWN, CHITRADURGA DISTRICT-577 527. REPRESENTED BY ITS SECRETARY MR. SAIFULLA.B, S/O BASHEER SAB. …RESPONDENTS (BY SRI. MOHAMMED TIPPU SULTAN, ADV. FOR R1, SRI. B.M. SIDDAPPA, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE RESOLUTION OF R-1 PASSED IN ITS 318TH MEETING AT SUBJECT NO.07/(6) HELD ON 06.06.2016 AT ANNEXURE-A WHEREIN IT HAS RESOLVED TO EXTEND THE TERM OF THE R-2 TILL 07.12.2017 TO MANAGE THE JAMIA MASJID, HOSDURGA TOWN, DISTRICT CHITRADURGA, AS ARBITRARY AND ILLEGAL AND OPPOSE TO LAW AND ETC., IN WP No.48252/2013 MR.H.A.MOHIUDDIN KHAN, S/O ABBAS KHAN, AGED ABOUT 44 YEARS, RESIDENT OF CHAMARAJPET, HOSDURGA TOWN, DISTRICT CHITRADURGA, ... PETITIONER (BY SRI S.Z.A.KHURESHI, ADV.) AND 1. KARNATAKA STATE BOARD OF WAKF, NO.6, CUNNINGHAM ROAD, BANGALORE-560 052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA.
3. THE ADMINISTRATOR (TAHASILDAR)/ RETURNING OFFICER, JAMIA MASJID, HOSDURGA TOWN, CHITRADURGA DISTRICT.
4. MR. IMTIAZ, S/O. MR.SHAFEEULLA, AGED ABOUT 45 YEARS, RESIDENT OF GANDHINAGAR, HOSDURGA TOWN, DISTRICT CHITRADURGA.
5. MR. ABDUL JABBAR.J, S/O LATE G. ABDUL GAFOOR, AGED ABOUT 50 YEARS RESIDENT OF MASEEDI MOHALLA (KAHJIMOHALLA), HOSDURGA TOWN, DISTRICT CHITRADURGA.
6. MR. SAIFULLA.B (AJENEY), S/O MR. BASHEER, AGED ABOUT 40 YEARS RESIDENT OF GAFFAR COLONY, HOSDURGA TOWN, DISTRICT CHITRADURGA.
7. MR. MUJEEB PASHA, S/O LATE KHAJAMOHIUDDIN, AGED ABOUT 45 YEARS, RESIDENT OF CHAMRAJPET, HOSDURGA TOWN, DISTRICT CHITRADURGA.
8. MR. FAROOQ B, S/O LATE BAGUR BASHA, AGED ABOUT 55 YEARS, RESIDENT OF GAFFAR COLONY, HOSDURGA TOWN, DISTRICT CHITRADURGA.
9. MR. KHUDRATH KHAN.J (MUJAWAR), S/O MR. GAFFAR KHAN, AGED ABOUT 30 YEARS, RESIDENT OF IDDGAH MOHALLA, HOSDURGA TOWN, CHITRADURGA DISTRICT.
10. MR. ALIULLA H.R. S/O MR. RAHIM SAB, AGED ABOUT 45 YEARS, RESIDENT OF KOBBRIPETE, HOSDURGA TOWN, DISTRICT CHITRADURGA.
11. MR. RAHMATHULLA (TIRE), S/O LATE JALEEL SAB, AGED ABOUT 50 YEARS, RESIDENT OF GANDHINAGAR, HOSDURGA TOWN, DISTRICT CHITRADURGA.
12. MR. NAZEER AHMED (TIMBER), S/O LATE AMEERJAN, AGED ABOUT 55 YEARS, RESIDENT OF HOLIYAR CIRCLE, HOSDURGA TOWN, DISTRICT CHITRADURGA.
13. MR. SADIQULLA M.E., S/O LATE DR. IRBRAHIM, AGED ABOUT 56 YEARS, R/O KOBBRIPETE, HOSADURGA TOWN, DISTRICT CHITRADURGA.
14. MR. FAIROZE H.F., S/O LATE SHABBIR SAB, AGED ABOUT 50 YEARS, RESIDENT OF CHAMRAJPET, HOSDURGA TOWN, DISTRICT CHITRADURGA.
15. MR. NAYEEM M.D., S/O LATE M.D. ABID, AGED ABOUT 47 YEARS RESIDENT OF KOBBRIPETE, HOSDURGA TOWN, DISTRICT CHITRADURGA.
16. MR INAYATH.H.J., S/O LATE JAFFAR SAB, AGED ABOUT 45 YEARS, R/O KOBBRIPETE, HOSDURGA TOWN, DISTRICT CHITRADURGA.
17. MR. ABDUL RASHEED, S/O MR.GAFFAR SAB, AGED ABOUT 55 YEARS, RESIDENT OF KHAJIMOHALLA, HOSDURGA TOWN, DISTRICT CHITRADURGA.
18. MR. ISMAIL, S/O LATE GULAMSAB, AGED ABOUT 55 YEARS, R/O KOBBRIPETE, HOSDURGA TOWN, DISTRICT CHITRADURGA.
19. MR. ALLAHBAKHASH, S/O MR. KAHALANDER SAB, AGED ABOUT 30 YEARS, RESIDENT OF TANKMOHALLA, HOSDURGA TOWN, CHITRADURGA DISTRICT.
20. MR. MAHABOOB BASHA, S/O LATE SABJAN SAB, AGED ABOUT 65 YEARS, RESIDENT OF TANKMOHALLA, HOSDURGA TOWN, DISTRICT CHITRADURGA.
21. MR. SHOWQAT ALI KHAN, S/O LATE HYDER ALI KHAN, AGED ABOUT 50 YEARS, RESIDENT OF CHAMRAJPET, HOSDURGA TOWN, DISTRICT CHITRADURGA.
22. MR. SHAMEER H.S. (SHAIKH), S/O LATE SABU SAB, AGED ABOUT 50 YEARS, RESIDENT OF KHAJIMOHALLA, HOSDURGA TOWN, DISTRICT CHITRADURGA 23. MR. ABDUL BASHEER, S/O LATE GAFFAR, AGED ABOUT 55 YEARS, RESIDENT OF GAFFAR COLONY, HOSDURGA TOWN.
24. MR. MAHBOOB BASHA G. (BHONI), S/O LATE GULAM GHOUS, AGED ABOUAT 65 YEARS, RESIDENT OF TANK MOHALLA, HOSDURGA TOWN, DISTRICT CHITRADURGA. ... RESPONDENTS (BY SMT S.R.ANURADHA, ADV. FOR R1 SRI DILDAR SHIRALLI, HCGP FOR R2 & R3, SRI NAVVED AHMED, ADV. FOR R8 & R23, SRI B.M.SIDDAPPA, ADV. FOR R4, R7, R9, R10, R12- R14, R16-R18, R20-R22 & R24, R11, R15 & R19 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANN-A THE LIST OF 21 ELECTED PERSON, WHO ARE R4 TO 24 HEREIN, ISSUED BY THE R3, DECLARING THEM ELECTED IN THE ELECTION HELD ON 29.6.13, TO THE MANAGING COMMITTEE OF THE JAMIA MASJID, HOSDURGA TOWN, DIST. CHITRADURGA, AS ARBITRARY & ILLEGAL AND ETC..
IN WP No.56412/2014 MR.H.A.MOHIUDIN KHAN, S/O ABBAS KHAN, AGED ABOUT 44 YEARS, RESIDENT OF CHAMARAJPET, HOSDURGA TOWN – 577 527, DIST.CHITRADURGA. ... PETITIONER (BY SRI.S.Z.A.KHURESHI, ADV.) AND:
1. KARNATAKA STATE BOARD OF WAKF, NO.6, CUNNINGHAM ROAD, BANGALORE-560 052, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. THE ADMINISTRATOR (TAHASILDAR)/ ELECTION OFFICER, JAMIA MASJID, HOSDURGA TOWN – 577 527, CHITRADURGA DISTRICT.
3. MR.SADIQULLA M.A., S/O LATE .DR.IBRAHIM SAB.T.H., AGED ABOUT 56 YEARS, RESIDENT OF KOBBRIPETE, HOSDURGA TOWN – 577 527, DIST. CHITRADURGA.
4. MR.ABDUL RASHEED, S/O MR.GAFFAR SAB, AGED ABOUT 55 YEARS, RESIDENT OF KHAJIMOHALLA, HOSDURGA TOWN – 577 527, DIST. CHITRADURGA.
5. MR.ABDUL JABBAR.G, S/O LATE ABDUL GAFFAR SAB.N, AGED ABOUT 50 YEARS, RESIDENT OF MASEEDI MOHALLA (KHAJIMOHALLA), HOSDURGA TOWN– 577 527, DIST. CHITRADURGA.
6. MR.ALIULLA H.R., S/O MR.ABDUL RAHIM, AGED ABOUT 45 YEARS, RESIDENT OF KOBBRIPETE, HOSURGA TOWN– 577 527, DIST. CHITRADURGA.
7. MR.ALLAHBAKHASH, S/O MR.KHALANDER SAB, AGED ABOUT 30 YEARS, RESIDENT OF TANKMOHALLA, HOSDURGA TOWN – 577 527, DIST. CHITRADURGA.
8. MR. FAIROZE.H.F, S/O SHABBIR SAB, AGED ABOUT 50 YEARS, RESIDENT OF CHAMRAJPET, HOSDURGA TOWN – 577 527, DIST. CHITRADURGA.
9. MR. ISMAIL, S/O LATE GULAB SAB, AGED ABOUT 55 YEARS, RESIDENT OF KOBBRIPETE, HOSDURGA TOWN– 577 527.
10. MR. IMTIYAZ, S/O MR. SHAFEE SAB, AGED ABOUT 45 YEARS, RESIDENT OF GANDHINAGAR, HOSDURGA TOWN– 577 527, DIST.,CHITRADURGA.
11. MR. KHUDRATH KHAN.G (MUJAWAR), S/O MR. GAFFAR KHAN, AGED ABOUT 30 YEARS, RESIDENT OF IDDGAH MOHALLA, HOSDURGA TOWN – 577 527, DIST. CHITRADURGA.
12. MR. MAHBOOB BASHA.G (BHONE), S/O LATE GHOUS SAB, AGED ABOUT 65 YEARS, RESIDENT OF TANK MOHALLA, HOSDURGA TOWN– 577 527, DIST, CHITRADURGA.
13. MR. MUJEEB PASHA, S/O LATE KHAJAMOHIUDDIN, AGED ABOUT 45 YEARS, RESIDENT OF CHAMRAJPET, HOSDURGA TOWN– 577 527, DIST, CHITRADURGA.
14. MR MAHABOOB BASHA, S/O LATE SABJAN SAB, AGED ABOUT 65 YEARS, RESIDENT OF TANKMOHALLA, HOSDURGA TOWN– 577 527, DIST, CHITRADURGA.
15. MR. NAYEEM M.D., S/O HABEED SAB M.D, AGED ABOUT 47 YEARS, RESIDENT OF KOBBRIPETE, HOSDURGA TOWN– 577 527, DIST, CHITRADURGA.
16. MR NAZEER AHMED (TIMBER), S/O LATE AMEERJAN, AGED ABOUT 55 YEARS, RESIDENT OF HOLIYAR CIRCLE, HOSDURGA TOWN– 577 527, DIST, CHITRADURGA.
17. MR. SAIFULLA.B (AJENCY), S/O MR BASHEER, AGED ABOUT 40 YEARS, RESIDENT OF GAFFAR COLONY, HOSDURGA TOWN– 577 527, DIST: CHITRADURGA.
18. MR. SHOWQAT ALI KHAN, S/O LATE HYDER ALI KHAN, AGED ABOUT 50 YEARS, RESIDENT OF CHAMRAJPET, HOSDURGA TOWN– 577 527, DIST: CHITRADURGA.
19. MR. SHAMEER.H.S. (SHAIKH), S/O HIRIYAL RAZAK SAB, AGED ABOUT 50 YEARS, RESIDENT OF KHAJIMOHALLA, HOSDURGA TOWN– 577 527, DISTRICT: CHITRADURGA.
20. MR. FAROOQ.B, S/O LATE BAGUR BASHA, AGED ABOUT 55 YEARS, RESIDENT OF GAFFAR COLONY, HOSDURGA TOWN– 577 527, DIST: CHITRADURGA.
21. MR ABDUL BASHEER, S/O LATE GAFFAR, AGED ABOUT 55 YEARS, RESIDENT OF GAFFAR COLONY, HOSDURGA TOWN– 577 527, CHITRADURGA DIST.
22. MR. INAYATH.H.J, S/O LATE JAFFAR SAB, AGED ABOUT 45 YEARS, RESIDENT OF KOBBRIPETE, HOSDURGA TOWN – 577 527, DIST: CHITRADURGA.
23. MR. RAHMATHULLA (TIRE), S/O LATE JALEEL SAB, AGED ABOUT 50 YEARS, RESIDENT OF GANDHINAGAR, HOSDURGA TOWN– 577 527, DIST: CHITRADURGA. ... RESPONDENTS (BY SMT.S.R.ANURADHA, ADV. FOR R1 SRI DILDAR SHIRALLI, HCGP FOR R2, SRI B.M.SIDDAPPA, ADV. FOR R3-R14, R15, R16, R18, R19 & R22, R17, R20, R21 & R23 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE R-1 DATED 26.11.2014 AT ANN-A, CONSTITUTING MANAGING COMMITTEE OF 17 PERSONS, WHO ARE R-3 TO 19 HEREIN, TO MANAGE THE JAMIA MASJID, HOSDURGA TOWN, DISTRICT CHITRADURGA AS ARBITRARY AND ILLEGAL AND OPPOSE TO LAW & ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in these petitions is claiming to be aggrieved by continuation of the managing committee being extended from time to time without holding elections to constitute the managing committee. Though, in W.P.No.48252/2013 and 56412/2014, the earlier appointment of the managing committee and the extension is questioned, since the said period has lapsed, a consideration of the same at this juncture would not arise.
2. In W.P.No.34088/2016, the petitioner has assailed the resolution as at Annexure-A passed in the meeting held on 06.06.2016, whereby it was resolved to continue the term of the managing committee till 07.12.2017. The petitioner has made a representation seeking that the elections be held in accordance with the approved bye-laws of the institution and the Adhoc continuation of the committee shall not be resorted to. Since, the same has not been considered, the petitioner is before this Court.
3. From a perusal of the resolution, it is seen that the term of the managing committee has been extend up to 07.12.2017 without assigning any specific reasons, though the period of the committee had expired on 29.06.2016. In any event, the elections are to be held and if extension until the elections are held is permitted, the same would be justified.
4. Therefore, the appropriate course would be to direct holding of election though I do not see reason to quash the impugned resolution dated 06.06.2016. Hence, the respondents shall take all steps to hold the elections as per the approved bye-laws and thereupon constitute the Managing Committee in an expeditious manner but, within an outer limit of six months from the date on which a copy of this order is furnished.
Accordingly, these petitions are disposed of.
Sd/- JUDGE ST