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CDJ 2026 MHC 3379 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.(MD)No. 13584 of 2026 & W.M.P.(MD)Nos. 10111 & 10112 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : S. Shahul Hameed Versus The Chief Administrative Officer / District Revenue Officer, Tamil Nadu Waqf Board, Chennai & Others
Appearing Advocates : For the Petitioner: A. Sheik Nasurdeen, Advocate. For the Respondents: R1, M. Lingadurai, Special Government Pleader, R2 & R3, K.K. Senthil, Standing Counsel, R4, M. Venkatesh, Advocate.
Date of Judgment : 29-04-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned election notification dated 18.04.2026 on the file of the fourth respondent and to quash the same as arbitrary and illegal and consequently direct the first respondent to conduct election to the post of Administrative Committee of Jumma Mosque and Junction Mosque Waqf at Nagal Nagar, Dindigul District, in a free and fair manner within a time frame as fixed by this Court.)

1. The writ petition has been filed challenging the impugned election notification dated 18.04.2026.

2. Upon hearing the learned counsel for the petitioner and upon perusing the material records, the grievance of the petitioner is that the ad hoc Committee has issued the election notification, which, according to the petitioner, it is not competent to issue. It is further contended that some of the members of the ad hoc Committee are themselves contesting in the election. Additionally, it is alleged that the voters' list has not been properly scrutinized, inasmuch as the names of deceased persons are included and there are also duplicate entries.

3. Per contra, the learned counsel appearing on behalf of the Wakf Board would submit that the election has to be conducted from among the members of the Jamaat, and that this Court, by order dated 04.08.2025 in W.P.(MD)No.21268 of 2025, directed the constitution of an ad hoc Committee for the said purpose.

4. The learned counsel appearing on behalf of the fourth respondent would submit that the two members pointed out by the petitioner have already resigned from the ad hoc Committee and are now contesting in the election, and therefore, there is no conflict of interest. It is further submitted that a criminal case is pending against the petitioner, alleging that he trespassed into the Wakf property, threatened the female staff, and took away a sum of Rs.1,63,000/-.

5. I have considered the rival submissions made on either side and perused the materials available on record.

6. What is under challenge is the election notification. Unless strong and compelling reasons are made out, Courts ordinarily do not interfere with the election process, even if there are certain irregularities. It is always open to the petitioner to challenge the ultimate outcome of the election before the Wakf Tribunal, in the manner known to law.

7. It is seen that the ad hoc Committee was constituted pursuant to the earlier order of this Court, and Paragraph 10 of the said order is extracted hereunder for ready reference:

               ''10. It is made clear that the supervision of the election shall be carried out by the respondents in strict conformity with the proforma. For the said purpose, the Waqf Board shall constitute an ad hoc committee from among the Jamath members, who shall be responsible for conducting the election. This entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.''

8. Thus, it is clear that the contention of the petitioner in this regard cannot be accepted. Insofar as the allegation of conflict of interest is concerned, since the said two members of the ad hoc Committee have admittedly resigned prior to contesting the election, this Court does not find any conflict of interest.

9. With regard to the grievance relating to the voters' list, it is for the petitioner to bring the same to the notice of the Committee at the appropriate stage, particularly, during the publication of the draft voters' list. Even assuming that there are any discrepancies, the same cannot be a ground to interdict the election process at this stage, and it is always open to the petitioner to raise such issues while challenging the ultimate outcome of the election in the manner known to law.

10. Therefore, this Court is not inclined to interfere with the impugned election notification at this juncture. However, liberty is granted to the petitioner to approach the Wakf Tribunal to challenge the election, if so advised, after the completion of the election process.

11. Accordingly, this writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

 
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