- 1 - HC-KAR NC: 2025:KHC-D:16641 WP No. 108961 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108961 OF 2025 (GM-WAKF) BETWEEN: 1. MD. MANSOORALI S/O MAINUDDIN MANCHINKOP, AGE: 28 YEARS, OCC: PRIVATE EMPLOYEE, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 2. AYUBKHANHAKEEM S/O ABDULMUNAF HAKEEM, AGE: 40 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 3. EJAZ AHMED S/O IMTIYAZ BYALI, AGE: 32 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 4. MOHAMMED ISMAIL MISHRIKOTI, AGE: 45 YEARS, OCC: GOVERNMENT EMPLOYEE, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 5. ZUBERAHMED S/O GULAM MOHAMMED YADWAD, AGE: 32 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 6. IMTIYAZ S/O MD QASIM BYALI, AGE: 50 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:32 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16641 WP No. 108961 of 2025 7. ABDULA BIN YASEEN S/O MAINUDDIN MANCHINKOP, AGE: 25 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 8. YASEEN S/O ISMAIL BANKAPUR, AGE: 25 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 9. ABDUL QADAR S/O ABDULGAFOOR GUDAGERI, AGE: 50 YEARS, OCC: BUSINESS, R/O. GUDAGERI BUILDING, BANDIWAD BASE, HUBBALLI-580 020. 10. TANVEER S/O JAFFER HAKEEM, AGE: 40 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 11. ATIF S/O MUSTAQ BYALI, AGE: 30 YEARS, OCC: BUSINESS, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 12. SHARUKSHA KITTUR S/O MOHAMMEDSHA, AGE: 31 YEARS, OCC: PVT. EMPLOYEE, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 13. ZAMEER BEPARI S/O MD QADIR, AGE: 21 YEARS, OCC: BUSINESSMEN, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 14. NIYAZ AHMED S/O NISAR AHMED WANTMURI, AGE: 30 YEARS, OCC: PVT. EMPLOYEE, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. 15. SALIM BEPARI S/O ABBAS, - 3 - HC-KAR NC: 2025:KHC-D:16641 WP No. 108961 of 2025 AGE: 31 YEARS, OCC: PVT. EMPLOYEE, R/O. GOULI GALLI, BANDIWAD BASE, HUBBALLI-580 020. … PETITIONERS (BY SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: 1. THE CHAIRMAN, KARNATAKA STATE BOARD OF AUQAF, “DARUL AUQAF” NO.6, CUNNINGHAM ROAD, BENGALURU-560 052. 2. THE CHIEF EXECUTIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, “DARUL AUQAF” NO.6, CUNNINGHAM ROAD, BENGALURU-560 052. 3. THE DISTRICT WAQF OFFICER, KARNATAKA STATE BOARD OF AUQAF, DHARWAD DISTRICT, MAULANA AZAD BHAVAN, KELAGERI ROAD, DHARWAD CARE TAKER OF GAIBUSHAVALI MAKAN(SUNNI) HUBBALLI, AND ALSO ELECTION OFFICER OF GAIBUSHAVALI MAKAN(SUNNI), GOULI GALLI, BHANDIWAD BASE, HUBBALLI. … RESPONDENTS (BY SRI. B. MOHAMMED ALI, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE OFFICIAL MEMORANDUM DATED 04/09/2025 ISSUED BY RESPONDENT 2 BEARING NO.KSBW/CMC/55/DHD/21-22 PRODUCED AT ANNEXURE-H AND CALENDAR OF EVENTS DATED 13/11/2025 ISSUED BY RESPONDENT NO.3 BEARING NO.GAIBUSHAVALI/ELN/HBL/2025-26 PRODUCED AT ANNEXURE-M, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - HC-KAR NC: 2025:KHC-D:16641 WP No. 108961 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the calendar of events as well as the order appointing Election Officer to conduct the election to the Board of respondent No.3. 2. Learned counsel for the petitioners would submit that in the year 2023 itself, petitioners have moved an application to include their names in the voters list and members list, and the same is not considered citing the pendency of the writ petition. 3. It is urged that the petitioners being eligible members and voters, cannot be left out of the election process, as such, he would submit that the election is to be stayed. 4. In support of his contention, learned counsel would place reliance on the judgment of the Co-ordinate Bench of this Court in Waliallah S/O Allabaksh Yadwad Vs The Karnataka State Board of Waqf and Others1. 1 W.P. NO. 108706 OF 2025 (GM-WAKF) - 5 - HC-KAR NC: 2025:KHC-D:16641 WP No. 108961 of 2025 5. Learned counsel for respondents No.1 to 3 would submit that the petition to challenge the calendar of events and the order holding election cannot be questioned in a writ petition and has to be questioned under Section 83 of the Waqf Act, 1995. 6. Learned counsel for respondents 1 to 3 would also place reliance on the judgment of the Apex Court in Board of Wakf, West Bengal and Another Vs Anis Fatma Begum and Another2 to contend that the jurisdiction of the Tribunal under Section 83 of Act, 1995 is wide and it has jurisdiction to decide all disputes relating to Waqf. 7. Considering the materials on record and considering the ratio laid down by the aforementioned judgments, this Court is of the view that the petitioners have to wait till the result of the election and in case aggrieved by the result, has to approach the Waqf Tribunal. 8. Hence the following: 2 (2010) 14 SCC 588 - 6 - HC-KAR NC: 2025:KHC-D:16641 WP No. 108961 of 2025 ORDER (i) Writ Petition is dismissed. (ii) In case the petitioner approaches the Waqf Tribunal, same shall be considered in accordance with law without being influenced by the order dismissing the Writ Petition, as the Court has not expressed any opinion on the merits of the petitioner’s claim. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 38 SL NO.: 5