K. Ahamed Raja v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Eleventh day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ WMP(MD). No.6206 of 2020 in WP(MD).NO.22509 Of 2019 K. Ahamed Raja ... Petitioner/Petitioner Vs 1 The Chief Executive Officer, Tamilnadu Wakf Board, No.1 Jaffer Syrang Street.

Vallal Seethakathi Nagar, Chennai-600 001.

2 The Superintendent, Tamil Nadu Wakf Board , Town Hall Road, Madurai-625 001.

3 A.Kaja Mohideen ... Respondents/Respondents Prayer in WMP(MD)6206 of 2020 :- Pleased to extend the time of order passed in WP(MD) No.22509 of 2019 dated 23.10.2019, for conducting the Kollam Pattarai Sungam Pallivasal, Madurai further period of two months or the time fixed by this Honourable Court Prayer in WP(MD). 22509 of 2019 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court directing the 1st respondent to constitute a separate committee to conduct election in kollam pattarai sungam pallivasal as per the direction issued by this Court in WP(MD) No.2843 of 2010 and CRP(NPD) MD.No.1604 of 2009 dt.15/12/2011.

ORDER:- This Writ miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. J. Jeyakumaran, Advocate for the Petitioner and of Mr.S.A. Ajmalkhan standing counsel appearing For R1 and R2 this Court made the following order:

This petition has been filed to extend the time granted in W.P. (MD).No.22509 of 2019 dated 23.10.2019 by this Court for conducting election for the Kollam Pattarai Sungam Pallivasal, Madurai.

2. Perusal of the earlier order shows that this Court has appointed Hon'ble Mr.Justice K.N.Basha (Retd.) as an independent Election Officer to conduct election for Kollam Pattarai Sungam Pallivasal and it is also agreed by all the parties that the election can be completed within a period of two months from the date of the Election Officer takes charge.

3. However, today, it is represented by the learned counsel for the petitioner that on 14.12.2019 a meeting was convened by the Election Officer and minutes of the proceedings of the Election Officer was recorded on 14.12.2019 itself. As per the decision taken on the said meeting, 5 members committee have been appointed for collecting subscription from members and they have been directed to collect subscription from the members. Thereafter, the second meeting was convened on 05.01.2020 and minutes was recorded on the same day. Thereafter, on 21.03.2020 another meeting was convened and the election process was finalized and the entire voters list was prepared and approved. The office bearers have been directed to print I.D. Cards for conducting election. In the meanwhile, due to pandemic situation lock down was announced by the State Government. Hence, they are not in a position to complete the election as directed by this Court by order dated 23.10.2019. Hence, he requested further time for completing the election.

4. I have heard both sides.

5. Considering the facts and circumstances of the case, this Court is inclined to grant further time to the parties and accordingly, the parties are directed to complete the election within a period of three months from the date of receipt of a copy of this order.

6.The parties are directed to communicate this order to the Hon'ble Election Officer appointed by this Court without fail.

7. Accordingly, this petition is ordered.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The Chief Executive Officer, Tamilnadu Wakf Board, No.1 Jaffer Syrang Street.

Vallal Seethakathi Nagar, Chennai-600 001.

2 The Superintendent, Tamil Nadu Wakf Board , Town Hall Road, Madurai-625 001.

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 11/11/2020 ==========================

ORDER

========================== WMP(MD). No.6206 of 2020 in WP(MD)22509 Of 2019 Giving direction and etc.

as stated within.

KB(30.11.2020) 3P 4C