JUDGEMENT
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(1.)This writ petition has been filed for issuing Writ of Certiorarified Mandamus quashing a portion of the order dated 29.7.2000 in Rc.No.5142/B1/93/TUT and for a further direction to Wakf Board to constitute the electorate of the General Council in accordance with bye-laws of the Wakf framed by the General Council on 29.7.1960.
(2.)The petitioners are the members of the General Council and some of them are office bearers of the Managing Committee. The Wakf was formed in 1958 on the land donated by one Jb.L.K. Sheik Mohamed, who is still continuing as Muthawalli of the Wakf. The first General Council meeting of the Wakf was held on 3.6.1960 and on 29.7.1960 the General Council framed bye-laws for the Wakf which was approved by the members of Jamath on the said date. The respondent Wakf Board passed an order on 18.4.1998 regarding election to the Executive Committee and W.P.No.7307 of 1998 was filed by the Muthawalli. Said writ petition was disposed of on 3.2.2000 directing the Wakf Board to reconsider the question of electorate of the General Council for the purpose of electing the Managing Committee. Subsequently, on 25.4.2000, the present impugned order has been passed by the Board.
(3.)The relevant portion of the said order is to the following effect :
In the result, this Board is of the view that the General Body meeting in respect of this Wakf held on 3-6-1960 should be taken into account as basis towards finalising the electorate for the General Council. It is evident from the copy of the minutes dated 3-6-1960 available in this office pertaining to this Wakf reveals that 366 muslim members of Kayalpatnam attended the said meeting. These 366 members should be primarily fixed as the electorate in respect of this Wakf. Among these 366 persons some of the members might have expired and some of the members might have migrated to other part. The Chief Executive Officer of the Tamilnadu Wakf Board is hereby directed to give suitable instructions to the Field Officers of this region to peruse the minute books carefully in respect of the General Body meeting held on 30-6-1960 and work out the identity of these persons. The Muthawalli who is presently holding the office of this Wakf is hereby directed to co-operate with the Field Officers by producing the Minute book without any delay for perusal and he shall also assist the Field Officers in identifying the voters. Among these 366 members such of those persons who are alive and their male descendants who have attained the age of 18 years, such of those persons who are not alive and such of those persons who have migrated to other parts their male descendants also who have attained the age of 18 years are eligible to become the members of this Jamath subject to the condition of the bye-laws of this Wakf to be enrolled as electorate in respect of the General Council of this Wakf. This process should be completed within a period of 60 days from this date and the Chief Executive Officer should place the list of electorate for approval before the Board, and the Board after due scrutiny and approval shall announce the further process of Election .
The petitioners are aggrieved by the portion of the above order which has been emphasised.
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