Shaikh Ahemad Hussain Gulam Hussain And Another v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:2769-DB ( 1 ) 910 wp 1448.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO. 1448 OF 2024 SHAIKH AHEMAD HUSSAIN GULAM HUSSAIN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Kulkarni Vaibhav B. AGP for Respondents/State : Mr. S.K. Tambe Advocate for R/3 & 4 : Ms. P.S. Talekar Advocate for R/2 : Mr. Y.B. Pathan ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

6th February, 2024 P.C. :- 1.

The Petitioners have preferred this Writ Petition seeking a direction to the Respondent to ensure that the elections to the Wakf institute namely Muslim Kabrastan and Idgah Trust, Jalgaon should be conducted in a free and fair atmosphere. Representations are filed on 08.01.2024 and 09.01.2024 and this petition is filed on 23.01.2024 seeking a Writ of Mandamus to the C.E.O. of the Maharasthra State Wakf Board to decide the representations.

( 2 ) 910 wp 1448.24 2.

The grievance of the Petitioners is that the elections are not likely to be held in a free and fair atmosphere and there are certain irregularities. It is conceded that the Petitioners have statutory efficacious remedy. 3.

In view of the above, this petition is dismissed. The Petitioners would donate Rs.5000/- to the Advocate's Association of the Bombay High Court, Bench at Aurangabad as costs.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub