Kerala High Court Extends Term Of State Waqf Board Until Conclusion Of Election

The Kerala High Court has extended the term of State Waqf Board until the conclusion of election process initiated by the State concludes.

The Court was considering a Writ Petition to this regard.

The division-bench of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar observed, "...we further issue a direction that the term of the elected body of the Board which is going to expire on 14.12.2024 shall continue till the election process initiated by the respondent/State is over. It is made clear that till such time, the Board shall continue to discharge the duties and deal with the pending matters, in accordance with law."

The Petitioner was represented by Advocate P.E. Sajal while the Respondent was represented by Senior Counsel Jamsheed Hafiz.

The Petitioner had invoked the jurisdiction of the Wakf Board by filing an Original Petition under Sections 32, 70 and 71 of the Wakf Act for appointment of returning officer for conducting the election through secret ballot paper, as, the term of the elected body is over since April, 2023 and seeking further direction for auditing the balance sheet for the year 2023.

Senior Government Pleader Sri.Vipin Das apprised the Court that the Returning Officer has been appointed and the Board consists of 12 members, out which 5 are to be nominated and 7 to be elected and apprised that the election shall take place within four months.

Taking into consideration, the plight of the Petitioner as well as various other parties who were before the Wakf Board, either for framing of a scheme or with regard to the management of the Jama-ath, the Court was of the view that the impasse may not be permitted to continue.

The Petition was accordingly disposed off.

Cause Title: Nishad Padinjare Peediyekkel vs. Hyderiyya Masjid Mahall Committee (2024:KER:90084)

Appearances: 

Petitioner- Advocate P.E. Sajal, Advocate Ajas K.S., Advocate Muhammed Hisham T.

Respondent- Senior Counsel Jamsheed Hafiz

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