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Madras High CourtWP(MD)/31507/2025disposed of

A.Sulthan Alavudin v. The Chairman

2026-02-11Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 11/02/2026

CORAM

The Hon`ble Mr.Justice KRISHNAN RAMASAMY A.Sulthan Alavudin ... Petitioner Vs

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001..

2. The Superintendent of Wakfs, / Election Officer, Madurai District Office at No1, Town Hall Road, Mosque Building 2nd Floor, Madurai, Madurai District.

3.M.Amanullah ... Respondents (3rd respondent impleaded vide order dated 11.02.2026 in WMP(MD) No.1818/2026) PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to issue Notification for the election direction, to 1/6

elect the Administrator Muttawalli and Committee Members for Masjidul Firdouse Muslim Jamaath Mosque, Y. Othakadai, Madurai District, enabling the voters to cast in a free and fair manner, and further direct the respondents 1 and 2 ensure only the voters belonging to the Y.Othakadai Jamath vote for election to elect the Administer / Muttawali of Masjidul Firdouse Muslim Jamaath Mosque, Y. Othakadai, Madurai District by considering the petitioner's representation dated 13.08.2025 within the period stipulated by this Court.

For Petitioner : Mr.S.Rabeek Raja For Respondents : Mr.D.S.Haroon Rasheed for R1 & R2 Mr.J.Kalantar Aasik Ahamedu for R3

ORDER

This writ petition has been filed directing the respondents 1 and 2 to issue Notification for the election direction, to elect the Administrator Muttawalli and Committee Members for Masjidul Firdouse Muslim Jamaath Mosque, Y. Othakadai, Madurai District, enabling the voters to cast in a free and fair manner, and further direct the respondents 1 and 2 ensure only the voters belonging to the Y.Othakadai Jamath vote for election to elect the Administer / Muttawali of Masjidul Firdouse Muslim Jamaath Mosque, Y. Othakadai, Madurai District by considering the petitioner's representation dated 13.08.2025 within the period stipulated by this Court.

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2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The learned counsel for the petitioner would submit that election was conducted for Masjidul Firdouse Muslim Jamaath Mosque, Y. Othakadai, Madurai District, for the period from 19.02.2018 to 19.02.2020. Thereafter no election was conducted. Therefore, the petitioner has given a representation to the respondents 1 and 2 for conduct of election, which was not considered so far and hence, the petitioner is before this Court.

4. The learned counsel for the respondents 1 and 2 would submit that when election was sought to be conducted by issuing proper notification by the respondents 1 and 2, as per the order of this Court, the Wakf Board has been suspended and hence, Wakf is not entitled to hold the elections.

5. However, the learned counsel for the petitioner would submit that the 2nd respondent is the Superintendent and is a regular officer and 3/6

he is not an elected officer, he can very well conduct the election and there is no stay obtained for the functioning of the 2nd respondent as Superintendent of Wakf. If this Court is inclined to appoint an election officer for the purpose of conduct of election by issuing appropriate notification, he has no objection.

6. For the said contention, the learned counsel for the respondents 1 and 2 would submit that if this Court appoints the 2nd respondent, the 2nd respondent would conduct the election as per the orders of this Court.

7. I have considered the rival submissions and perused the materials available on record.

8. Considering the submissions made on either side, since the period of existing committee members was over as early as on 19.02.2020 and till date, no election was conducted, this Court is inclined to direct the 2nd respondent to conduct election in accordance with the Rules and Regulations of the Wakf. Accordingly, the 2nd respondent is appointed as Election Officer, who shall conduct the election for the 4/6

purpose of electing the committee members and thereafter elect the Muttawalli. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

9. The writ petition is disposed of with the above direction. No costs.

11.02.2026 NCC : Yes/No Index : Yes/No RR 5/6

KRISHNAN RAMASAMY, J RR

ORDER

IN WP(MD) No.31507 of 2025 Date : 11/02/2026 6/6