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2025 DAILYLAW 19203 (KAR)

SRI MOULANA SAYED MOHIUDDIN HUSSAINI PEERZADE v. THE STATE OF KARNATAKA

WP/6598/2025 · 2025-03-20

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:11799 WP No. 6598 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6598 OF 2025 (GM-WAKF) BETWEEN: SRI MOULANA SAYED MOHIUDDIN HUSSAINI PEERZADE S/O.SAYED BURHANUDDIN HUSSAINI PEERZADE, AGED ABOUT 53 YEARS, HAZRATHHASHIMPEER DARGHA, VIJAYAPURA-586104, MEMBER OF KARNATAKA STATE BOARD OF AUQAF, ALSO AT KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNIGHAM ROAD, BENGALURU-560052 …PETITIONER (BY SRI. V. LAKSHMINARAYANA, SENIOR ADV. A/W SRI. CHANDPASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINORITY WELFARE AND WAKF DEPARTMENT, DR.B.R.AMBEDKAR ROAD, VIKAS SOUDHA, BANGALORE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11799 WP No. 6598 of 2025 2. REGIONAL COMMISSIONER, BANGALORE DIVISION BENGALURU, AND ELECTORAL REGISTRATION OFFICER FOR ELECTION OF KARNATAKA STATE BOARD OF WAQF, 2ND FLOOR, BMTC BUILDING, K.H. ROAD, SHANTHINAGAR, BENGALURU 560027 3. THE KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNIGHAM ROAD, BENGALURU-560052 REPRESENTED BY ITS ADMINISTRATOR, 4. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, NO.6, CUNNIGHAM ROAD, BENGALURU-560052 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE RESPONDENT AUTHORITIES TO CONDUCT THE ELECTIONS FOR THE POST OF PRESIDENT/CHAIRPERSON OF KARNATAKA STATE BOARD OF WAKF IMMEDIATELY FORTHWITH WITHIN 4 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11799 WP No. 6598 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned Senior counsel Sri.V.Lakshminarayan, appearing for the petitioner. 2. The petitioner is before this Court seeking the following prayer: “a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent authorities to conduct the elections for the post of President/Chairperson of Karnataka State Board of Wakf immediately forthwith within 4 days. b. Pass such other and further orders as may be necessary in the interest of justice." 3. This Court, on the submission of the learned Senior counsel had passed the following order: “ Heard Sri V.Lakshminarayana, learned Senior Counsel appearing for the petitioner. This petition is preferred on the apprehension that, like the earlier occasion, the elections are likely to be postponed. Learned Addl.Government Advocate submits that the elections will not be postponed and will be held on 15.03.2025. - 4 - NC: 2025:KHC:11799 WP No. 6598 of 2025 In view of the above, list the matter on 18.03.2025” 4. Learned AGA had undertaken that the elections will not be postponed. The prayer also was that the elections should not be postponed. The learned AGA now submits that the election has been held. The learned Senior counsel submits that the elections has been held contrary to law with no coram. If that be so, it is a separate cause of action. 5. Reserving liberty to the petitioner to knock at the doors of the appropriate forum on the said cause of action, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 75