- 1 - HC-KAR NC: 2025:KHC:50296 WP No. 7957 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7957 OF 2023 (GM-WAKF) BETWEEN: 1. MR. MEER AHMEDULLA @ FIRDOSE S/O MEER GHOUSE AGED ABOUT 55 YEARS O/AT NO.SECRETARY MADEENA MASJID ASWATHNAGAR BENGALURU - 560 094. 2. MR. SHAHBUDDIN S/O MEHBUB AGED ABOUT 45 YEARS O/AT NO. VICE-PRESIDENT MADEENA MASJID ASWATHNAGAR BENGALURU - 560 094. 3. MR. T.I. MOHAMMED ADIL S/O AJAZ PASHA AGED ABOUT 48 YEARS O/AT MEMBER MADEENA MASJID ASWATHNAGAR BENGALURU - 560 094. 4. MR. SYED KHAJA S/O ALLA BAKASH AGED ABOUT 38 YEARS O/AT MEMBER Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50296 WP No. 7957 of 2023 MADEENA MASJID ASWATHNAGAR BENGALURU - 560 094. 5. MR. RAHMATHULLA BAIG A.G. S/O A.A. GAFFAR BAIG AGED ABOUT 45 YEARS O/AT NO.MEMBER MADEENA MASJID ASWATHNAGAR BENGALURU - 560 094. ....PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE) AND 1. MR. AFZAL PASHA S/O CHOTE SAB AGED ABOUT 52 YEARS R/AT NO.30, 2ND CROSS, 3RD MAIN ASWATHNAGAR, BENGALURU - 560094. 2. MR. NAZIR AHMED AGED ABOUT 64 YEARS RETURNING OFFICER MADEENA MASJID SITUATED AT ASWATHNAGAR BENGALURU - 560 094. 3. MR. ALLAH BAKASH AGED ABOUT 62 YEARS RETIRED WAKF OFFICER & ENROLLMENT OFFICER MADEENA MASJID SITUATED AT ASWATHNAGAR BENGALURU - 560 094. - 3 - HC-KAR NC: 2025:KHC:50296 WP No. 7957 of 2023 4. ELECTION TRIBUNAL KARNATAKA STATE BOARD OF AUQAF BENGALURU - 560052 NO.6, CUNNINGHAM ROAD REPRESENTED BY ITS CHAIRMAN MR. KHAN PARVEEZ. &RESPONDENTS (BY SRI. AFZAL PASHA, ADVOCATE FOR R1-PARTY IN PERSON; SMT. SABAHATH SULTANA, ADVOCATE FOR SMT. SWATHI ASHOK, ADVOCATE FOR R4; R2 SERVICE HELD SUFFICIENT V/O DATED 16.10.2024; R3 SERVICE IS DISPENSED WITH V/O DATED 27.02.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE ELECTION TRIBUNAL IN ELECTION DISPUTE NO.01/2023 DATED 28.03.2023 IS ENCLOSED HEREWITH AS ANNEXURE-A. THIS WRIT PETITION HAVING BEEN RESERVED FOR ORDERS, COMING FOR PRONOUNCEMENT THIS DAY, E.S. INDIRESH J., MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH CAV ORDER 1. In this writ petition, petitioners are assailing the order dated 28.03.2023 in Election Dispute No.1/2023 (Annexure- - 4 - HC-KAR NC: 2025:KHC:50296 WP No. 7957 of 2023 A), on the file of Election Tribunal, Karnataka State Board of AUQAF at Bengaluru. 2. Heard Mr. Naveed Ahmed, learned counsel for the petitioners, Mr. Afzal Pasha, respondent No.1 - Party in person and Ms. Sabahath Sultana, learned counsel appearing on behalf of Smt. Swathi Ashok, learned counsel for respondent No.4. 3. It is contended by the learned counsel for the petitioners that, the petitioners are being aggrieved by the observation made by the Tribunal with regard to the financial irregularities in the account of Madeena Masjid, Ashwath Nagar, Bengaluru, as per paragraph Nos.52 to 54 of the impugned order at Annexure-A. He further contended that, Election was conducted for the Managing Committee of Madeena Masjid, Ashwath Nagar, Bengaluru on 03.07.2022 for a period of three years and the period is completed. However, petitioners are being aggrieved by the observation made as stated above by the Tribunal and in this regard, learned counsel for the petitioners refers to the endorsement dated 15.02.2022 (Annexure-E) and contended that, the audit - 5 - HC-KAR NC: 2025:KHC:50296 WP No. 7957 of 2023 report for the relevant years has been accepted and the Karnataka State Board of AUQAF has dropped the proceedings and therefore, sought for interference of this Court. 4. Mr. Afzal Pasha, party-in-person who is respondent No.1 in this Writ Petition, contended that, the petitioners have committed financial irregularities and therefore, invited the attention of the Court to S.40 of the WAKF Act and submitted that, as per the audit report for the years 2017-18 and 2018- 19, a sum of Rs.12,38,217/- has to be recovered from the petitioners and therefore, sought for interference of this Court. 5. In the light of the submissions made by the respondent No.1 - party in person and the submissions made by the learned counsel for the parties, I have carefully examined the writ papers in which the petitioners are the members of the Managing Committee for having been elected for a period of three years on 03.07.2022 and on account of efflux of time, the tenure of the petitioners has been concluded. However, in so far as the allegation of misappropriation as stated in paragraph Nos.52 to 54 as per Annexure-A, the Tribunal has - 6 - HC-KAR NC: 2025:KHC:50296 WP No. 7957 of 2023 held that the petitioners herein have to clear the financial irregularities committed during their period. 6. In this regard, perusal of the endorsement dated 15.02.2022 (Annexure-E), makes it clear that, the audit report for the period 2017-18 and 2018-19 has been accepted and resolution dated 18.12.2021 has been passed by the Board stating that there is no financial irregularity. In that view of the matter, since, as against the allegation of financial irregularity as contended by the party-in-person (respondent), for the period 2017-18 and 2018-19, the reply filed by the petitioners has been considered by the Board and the contention that there is no involvement of petitioners in the alleged financial irregularity has been accepted by the Board as per Annexure-E, I am of the view that the impugned order passed by the Tribunal, requires to be modified in so far as the observation made for recovery of amount as stated in paragraph Nos.52 to 54 of the impugned order as per Annexure-A. 7. Hence, I pass the following: - 7 - HC-KAR NC: 2025:KHC:50296 WP No. 7957 of 2023 ORDER (i). The Writ petition is allowed. (ii). Order dated 28.03.2023 in Election Dispute No.1/2023 by the Election Tribunal (Annexure-A) with regard to the recovery of money / allegation of financial irregularity made against the petitioners is hereby set aside. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 57