OP (Wakf) Nos. 14 of 2020 and 17 of 2020, Sakeer P.S. v. Puthur Pally Muslim Jama-ath, Election Commission, and Kerala State Wakf Board

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: S.V. Bhatti
Bechu Kurian Thomas
Judgment Date: 2021-02-08
Court Decision / Holding: Original Petitions are dismissed with liberty to the petitioner to approach the Forum, including the Wakf Tribunal, for the reliefs available in accordance with law within three weeks from today.
Final Disposition: Dismissed (with liberty to approach Wakf Forum/Tribunal within three weeks)

Parties to the Case

Appellants / Petitioners

Sakeer P.S.

Respondents

Puthur Pally Muslim Jama-ath (Changanassery), represented by its Treasurer Abdul Salam
Election Commission
Abdul Shukoor K.A., Member, Election Commission
Muhammed Shaji A.S, Member, Election Commission
Kerala State Wakf Board

Legal Representation & Advocates

Counsels for Petitioners

• Shri. E. S. M. Kabeer

Counsels for Respondents

• Sunil V. Mohammed
• M. P. Madhavankutty
• P. A. Abdul Jabbar
• Muhammed Shaffi
• Shahim Bin Aziz
• T. K. Saidalikutty

Case Synopsis & Summary

These original petitions (OP(WAKF) Nos. 14/2020 and 17/2020) before the Kerala High Court arise from disputes within the Puthur Pally Muslim Jama-ath at Changanassery and the election processes overseen by the Election Commission. The petitioner, Sakeer P.S., seeks judicial intervention in two related proceedings: OP 14/2020 primarily seeking records (Exhibits P1–P9), disposal of Exhibit P2 appeal before the District Court, Kottayam, and a non-liability certificate after accepting Maulood rights; and OP 17/2020 seeking to nullify the election proposed for 27.12.2020 (Exhibit P1), to quash Exhibit P5 (alleged violation of a prior order, Exhibit P3), to declare respondents 2–4 not impartial, and to grant permission to contest disregarding Exhibit P5. Adv. E.S.M. Kabeer urged that obtaining complete relief from this Court under Article 227 of the Constitution was difficult and pressed for liberty to approach a Forum, including the Wakf Tribunal, for redressal of grievances. After considering the matter, the court observed that supervisory jurisdiction under Article 227 need not be exercised; however, acknowledging the alternative remedy, it dismissed the petitions with liberty to approach the Wakf Forum or other lawful remedies within three weeks. The order thereby declines direct relief in the High Court while enabling an avenue for relief through the Wakf Tribunal or other Forum.

Provisions of Law Cited

Article 227 of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

Advocate E S M Kabeer argued that relief from this Court under Article 227 is difficult to obtain; he urged liberty to approach a Forum, including the Wakf Tribunal, for redressal of the petitioner’s grievances. He referred to the records (Exhibits P1–P9) and prayed for disposal of Exhibit P2 before the District Court, Kottayam and for issuance of a non-liability certificate after accepting Mauloood rights, among other reliefs to meet justice.

Contentions of Respondents

The document does not set out explicit opposite submissions by the respondents; the court’s order records only the petitioner’s counsel’s argument and proceeds to dispose of the matter by denying supervisory relief while permitting recourse to a Forum under law.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Unknown	2018(3) KLT 671	Mentioned Only	Exhibit P4 references a judgment reported as 2018(3) KLT 671; the body of the judgment does not discuss its principles, but it is listed as an exhibit.

Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942 ## OP (WAKF).No.14 OF 2020 AGAINST THE ORDER/JUDGMENT IN AS 124/2019 DATED 27-09-2019 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM ## PETITIONER/S: SAKEER P.S. AGED 49 YEARS S/O.SALIM, PADAYIL HOUSE, PERUNNA P.O., CHANGANASSERY, KOTTAYAM - 686 102. BY ADV. SHRI.ESM.KABEER ## RESPONDENT/S: |1|PUTHUR PALLY MUSLIM JAMA-ATH| |---|---| ||CHANGANASSERY, REPRESENTED BY ITS TREASURER, ABDUL| ||SALAM, S/O.BAVA RAWTHER, PARAKKAVETTY HOUSE, PERUNNA| ||P.O., CHANGANASSERY - 686 102.| |2|P.K.ABDUL RAHIM| ||AGED 58 YEARS, S/O.KASIM BAVA, PARAKKAVETTY HOUSE,| ||PERUNNA P.O., CHANGANASSERY - 686 102.| |3|MUHAMMED YASHIR| ||AGED 35 YEARS| ||S/O.MUHAMMED SALIM, ALAYIL HOUSE, PERUNNA P.O.,| ||CHANGANASSERY - 686 102.| |4|ELECTION COMMISSION| ||REPRESENTED BY ITS CHAIRMAN, NOUSAHD U., MOOPARUVEED,| ||PUTHURPALLY MUSLIM JAMA-ATH OFFICE, CHANGANASSERY -| ||686 102.| **-2-** ## **O.P.(Wakf) Nos. 14 & 17/2020** 5 THE KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR P.O., KOCHI - 682 017. R1 BY ADV. SRI.SUNIL V.MOHAMMED R1-3 BY ADV. SRI.M.P.MADHAVANKUTTY R4 BY ADV. SRI.P.A.ABDUL JABBAR R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG WITH OP (WAKF).17/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: **O.P.(Wakf) Nos. 14 & 17/2020** **-3-** IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942 OP (WAKF).No.17 OF 2020 ## PETITIONER/S: SAKEER P.S. AGED 49 YEARS S/O. SALIM, PADAYIL HOUSE, PERUNNA P.O, CHANGANASSERY, KOTTAYAM - 686102. BY ADV. SHRI.ESM.KABEER ## RESPONDENT/S: - 1 PUTHUR PALLY MUSLIM JAMA-ATH CHANGANASSERY, REPRESENTED BY ITS TREASURER, ABDUL SALAM, S/O.BAVA RAWTHER, PARAKKAVETTY HOUSE, PERUNNA P.O, CHANGANASSERY - 686102. - 2 ELECTION COMMISSION REPRESENTED BY ITS CHAIRMAN, NOUSHAD U., S/O. UMMER KHAN, MOOPARUVEED, PUTHURPALLY MUSLIM JAMA-ATH OFFICE, CHANGANASSERY - 686102. - 3 ABDUL SHUKOOR K.A, S/O. ABDUL HAMEED, MEMBER, ELECTION COMMISSION, PUTHUR PALLY MUSLIM JAMA-ATH, KOCHANNANPARAMBIL, PERUNNA, CHANGANASSERY -1, **-4-** ## **O.P.(Wakf) Nos. 14 & 17/2020** 4 MUHAMMED SHAJI A.S, S/O. SHAHUL HAMEED, MEMBER, ELECTION COMMISSION, PUTHRUPALLY MUSLIM JAMA-ATH, ALAYIL HOUSE, PERUNNA P.O, CHANGANASSERY -1. - 5 THE KERALA STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR P.O, KOCHI - 682017. R1 BY ADV. SRI.M.P.MADHAVANKUTTY R2 BY ADV. SRI.P.A.ABDUL JABBAR R2 BY ADV. SRI.MUHAMMED SHAFFI R2 BY ADV. SRI.SHAHIM BIN AZIZ R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 08.02.2021, ALONG WITH OP (WAKF).14/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: **O.P.(Wakf) Nos. 14 & 17/2020** **-5-** ## **O R D E R** [ OP (WAKF).14/2020, OP (WAKF).17/2020 ] Dated this the 8th day of February 2021 ## S.V. Bhatti, J. One Sakeer P.S. is the petitioner in the instant original petitions and the prayers made by the petitioner in the petitions respectively are stated thus: ## “OP (Wakf) No.14/2020 i) To call for the records relating to Exhibit P1 to P9 and to pass orders directing to dispose of Exhibit P2 appeal pending before the Additional District Court, Kottayam within a reasonable time. iii) To issue direction to the respondents to issue nonliability certificate after accepting the Maulood right from the petitioner. iv. Any other reliefs also may be granted in order to meet out justice considering the circumstances of the case. **O.P.(Wakf) Nos. 14 & 17/2020** **-6-** ## OP(Wakf) No.17/2020 i. To pass orders declaring that the election proposed to be conducted on 27.12.2020 pursuant to Exhibit P1 is null and void. ii. To call for the records relating to Exhibit P1 to P9 and to quash Exhibit P5 order since it is issued in violation of Exhibit P3 order of this Hon'ble Court. iii. To pass orders to the effect that the respondents 2 to 4 are not impartial and ineligible to conduct the election in a fair and proper manner following the democratic principles. iv. To issue direction to the respondent 2 to 4 to permit the petitioner to contest the election discarding Exhibit P5 order. v. Any other reliefs also may be granted in order to meet out justice considering the circumstances of the case.” 2. Adv. E S M Kabeer after arguing the petitions for some time and taking note of the difficulty in getting either suitable or complete relief from this Court under Article 227 of the Constitution of India, alternatively submitted that the petitioner may be given liberty to move a Forum, including Wakf Tribunal for redressal of grievance of petitioner. **-7-** ## **O.P.(Wakf) Nos. 14 & 17/2020** 3. After perusing the record, we are of the view that the supervisory jurisdiction need not be exercised in the cases on hand. However, keeping in perspective the alternative prayer the Original Petitions are dismissed by granting liberty to petitioner to approach the Forum, including Wakf Tribunal, for the reliefs available in this regard, in accordance with law, within three weeks from today. Original Petitions are dismissed as above. Sd/S.V.BHATTI JUDGE Sd/BECHU KURIAN THOMAS JUDGE jjj **O.P.(Wakf) Nos. 14 & 17/2020** **-8-** ## APPENDIX OF OP (WAKF) 14/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.NO.160/2019 DATED 10/07/2019 OF THE MUNSIFF COURT, CHANGANASSERY. - EXHIBIT P2 TRUE COPY OF THE APPEAL A.S.NO.124/2019 DATED 27/09/2019 OF THE HON'BLE DISTRICT COURT, KOTTAYAM. EXHIBIT P3 TRUE COPY OF THE I.A. DATED 27/11/2019 TO ADVANCE THE APPEAL. - EXHIBIT P4 TRUE COPY OF THE JUDGMENT REPORTED IN 2018(3) KLT 671. - EXHIBIT P5 TRUE COPY OF THE NOTICE FIXING THE LIABILITY DATED 20/08/2019. EXHIBIT P6 TRUE COPY OF THE ELECTION NOTIFICATION DATED 15/11/2020. EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF PAGE 18 AND 19 OF THE BYELAWS. EXHIBIT P8 TRUE COPY OF THE MONEY ORDER RECEIPT FOR PAYMENT OF MAULOOD RIGHT. EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE VOTERS LIST. RESPONDENT'S EXHIBIT R1(A) THE TRUE COPY OF THE ABOVE JUDGMENT IN O S NO.160/2019 DATED 10.07.2019 BEFORE THE MUNSIFF'S COURT, CHANGANACHERRY **-9-** ## **O.P.(Wakf) Nos. 14 & 17/2020** ## APPENDIX OF OP (WAKF) 17/2020 PETITIONER'S/S EXHIBITS: - EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION DATED 15.11.2020. - EXHIBIT P2 - TRUE COPY OF THE ORDER ISSUED BY THE PRESIDENT FIXING LIABILITY DATED 20.08.2019. - EXHIBIT P3 TRUE COPY OF THE ORDER OF STAY AND DIRECTION OF THIS HON'BLE COURT IN OP(WAQF)NO.14/2020 DATED 07.12.2020. - EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT SWORN TO BY ADVOCATE PRADEEP M.S DATED 14.12.2020. - EXHIBIT P5 TRUE COPY OF THE ORDER REJECTING THE NOMINATION DATED 13.12.2020. - EXHIBIT P6 TRUE COPY OF THE EXPLANATION OF THE PETITIONER BEFORE THE THEN RETURNING OFFICER DATED 02.10.2018. - EXHIBIT P7 TRUE COPY OF THE LIST OF OFFICE BEARERS OF THE JAMA-ATH OF THE YEAR 1908-2020 DATED 16.10.2018. - EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF THE BYELAWS. - EXHIBIT P9 TRUE COPY OF THE RELEVANT EXTRACT OF THE VOTERS LIST. RESPONDENT'S EXHIBITS R1(A) TRUE COPY OF THE ABOVE MINUTES DATED 15.05.2019 OF THE PUTHOORPPALLY MUSILIM JAM-ATH COMMITTEE R1(B)THE TRUE COPY OF THE MEETING DATED 28.09.2019 OF THE PUTHOORPPALLY MUSLIM JAM-ATH R1(C) THE TRUE COPY OF THE LETTER DATED 24.07.2019 OF THE PUTHOORPPALLY MUSLIM JAM-ATH CHANGANACHERRY