IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.46567/2016 (GM-WAKF) BETWEEN:
MR. SHAIK NOOR ISMAIL S/O LATE MAJOR SHAIK ISMAIL AGED ABOUT 69 YEARS #W/7, 5TH CROSS, NEAR MOSQUE OKALI PURAM BANGALORE – 560 021 …PETITIONER (BY SRI.SYED UMMER, ADV.) AND:
1. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE BOARD OF WAKF #06, CUNNINGAM ROAD BANGALORE – 560 001 2. MOHAMMED MUKKARAM ACTING AS ADMINISTRATION OF OKLIPURAM MASJID OKALIPURAM BANGALORE – 560 021 ALSO AT: INSPECTOR OF POLICE R M C YARD, POLICE STATION BANGALORE – 560 022 …RESPONDENTS (BY SRI. SYED SUHAIL ALI, ADV., FOR R1; SMT. S.R. ANURADHA, ADV., FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONDUCT THE ELECTION AND TO WITHDRAW THE ADMINISTRATOR I.E., R-2 WHO IS UNLAWFULLY INTERFERING IN THE AFFAIRS OF THE MASJID AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking that respondent No.1 be directed to conduct the election and to withdraw the Administrator, who according to the petitioner is interfering with the affairs of the WAKF.
2. The petitioner though has made certain allegations in the petition, it is not necessary for this Court to go into the same at this juncture. This is for the reason that, even if the prayer as made in the petition is noticed, unless the petitioner approaches the respondent No.1 with an appropriate representation and in that light, if the respondent No.1 does not act in accordance with law, it is only thereafter, the petitioner would be in a position to approach this Court.
3. That apart, what is also to be taken note is that, the petitioner claims to be one of the members of the WAKF. In that circumstance, before holding the election, as to whether the scheme has been approved and the impediment, if any to conduct the election are matters which are to be taken note by the respondent No.1 and thereafter take a decision in that regard.
4. To enable the same, the petitioner is granted the liberty of filing a representation to respondent No.1, bringing to the notice all these aspects of the matter and make a request in the manner as contained in this petition. If such representation is submitted by the petitioner, the respondent No.1 shall take note of the same, consider all aspects of the matter and take a decision on the representation in accordance with law and communicate such decision taken to the petitioner. In any event, the decision shall be taken one way or the other in accordance with law by the respondent No.1 as expeditiously as possible but, not later than two months from the date on which the representation is submitted.
The petition is accordingly disposed of.
Sd/- JUDGE ST