M.Mohamed Nijami v. Janab.R.Jainulaptheen

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2024

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Mohamed Nijami ... Petitioner vs.

1.R.Jainulaptheen, The Chief Executive Officer, Tamlnadu Wakf Board, No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Chennai-1.

2.Kader Meera Kani, President, Masjid Noor Muslim Jamath, Paramakudi, Ramanathapuram.

... Contemnors / Respondents (R2 is suo motu impleaded, as per order of the Court, dated 30.04.2024 in Cont P(MD)No.

842 of 2024 in W.P.(MD)No.16348 of 2023) PRAYER: Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondent for willfully disobeying and not complying with the order of this Court, dated 06.07.2023, in W.P.(MD)No.16348 of 2023. 1/5

For Petitioner : Mr.S.Raja Mohamed for M/s.Mohamed Associates For R1 : Mr.D.S.Haroon Rasheed For R2 : Mr.P.Gunasekaran *****

O R D E R

The present contempt is filed alleging disobedience of the order dated 06.07.2023 in W.P.(MD)No.16348 of 2023. In the said order this Court without going into the merits of the case had directed to 1st respondent to conduct enquiry by calling both sides and properly prepare the list of voters and conduct election. The preliminary enquiry and preparation of list of eligible voters shall be prepared within a period of two months from the date of receipt of the order copy.

2. The contention of the petitioner is that the respondent failed to prepare the list of voters. However, the contemnor submitted that the petitioner had circulated a list of eligible voters consisting of 21 members, but the 2nd respondent group submitted that there are 173 members. Hence, the contemnor 2/5

prayed to direct both the parties to circulate the correct voter list. Therefore, this Court vide order dated 30.04.2024 directed the 2nd respondent to circulate the entire list which is available with them.

3. Today when the case was taken up it is submitted that the 1st respondent had received the list of 173 members. In such circumstances there will not be impediment for the 1st respondent to proceed with election. Hence the 1st respondent is directed to conduct election and complete it on or before 30.09.2024.

4. The respondents shall conduct the election in democratic procedures like issuing ballot paper and other formalities. There shall not be any mockery in the election. The election shall be videographed and the expenses shall be borne by the concerned Waqf.

5. Therefore, the contempt petition is closed with the above direction. However, liberty is granted to either parties to reopen the contempt petition, if 3/5

there is any difficulty or deviation in the election process. Index : Yes / No 18.06.2024 Internet : Yes Tmg 4/5

S.SRIMATHY, J Tmg Order made in 18.06.2024 5/5