W.P(MD)No.8535 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 27.03.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.8535 of 2026 and W.M.P(MD).Nos.6922 and 6924 of 2026 P.N.M.Moulal Ghowmy ... Petitioner Vs. 1. The Tamil Nadu Waqf Board, Rep., by its Chairman, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 2. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 3. The Superintendent of Wakf, Tirunelveli Zone, Tirunelveli. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 2nd respondent 1 https://www.mhc.tn.gov.in/judis W.P(MD)No.8535 of 2026 in Se.Mu.Aanai.444008/A1/ThiVeli, dated .03.2026 appointing an Ad- hoc Committee to administer Meerasha Andavar Mela Jumma Pallivasal Wakf, Puliangudi (G.S.No. 231/TNV) and quash the same as illegal, arbitrary and without jurisdiction and consequently direct the respondents 1 to 3 to conduct election to the Managing Committee of the Wakf strictly in accordance with the approved Bye-law by secret ballot, within a time frame fixed by this Honble Court and permit the petitioner committee to continue to administer the Wakf till the newly elected committee assumes office and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner :Mr.M.Saravanan For R1 to R3 :Mr.D.S.Haroon Rasheed Standing Counsel ORDER The present writ petition has been filed for the following relief:- “Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the 2nd respondent in Se.Mu.Aanai. 444008/A1/ThiVeli, dated .03.2026 appointing an Ad-hoc Committee to administer Meerasha Andavar Mela Jumma Pallivasal Wakf, Puliangudi (G.S.No. 231/TNV) and quash the same as illegal, arbitrary and without jurisdiction and consequently direct the respondents 1 to 3 to conduct election to the Managing Committee of the Wakf strictly in accordance with the approved Bye-law by secret ballot, within a time frame fixed by this Honble Court and permit the petitioner committee to 2 https://www.mhc.tn.gov.in/judis W.P(MD)No.8535 of 2026 continue to administer the Wakf till the newly elected committee assumes office and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.” 2. Heard Mr.M.Saravanan, learned counsel appearing for the petitioner and Mr.D.S.Haroon Rasheed, learned Standing Counsel, who takes notice on behalf of the respondents. 3. The learned counsel appearing for the petitioner would submit that the approved By-law, particularly Clause X, stipulates that elections to the next governing body should be conducted through a secret ballot. 4. He would further submit that there are 600 members in the Wakf Board and a duly approved list taking into account the payment of subscriptions has been submitted on time to the Wakf Board. However, the Wakf Board, without sending their representative and conducting an election, has wrongly constituted an Ad-hoc Committee. Additionally, the Wakf Board runs two aided schools and there are concerns that the formation of the Ad-hoc Committee may lead to problems such as the displacement of the educational agency. 3 https://www.mhc.tn.gov.in/judis W.P(MD)No.8535 of 2026 5. That apart, he would submit that the Ad-hoc Committee should not interfere with the regular functioning of the other authorities with regard to the schools and other properties. 6. Per contra, the learned Standing Counsel appearing on behalf of the respondents would submit that they will conduct an election as soon as possible. According to the scheme, it is only the Ad-hoc Committee that should manage the affairs of the Wakf Board once the term expires. An earlier attempt to conduct the election in February was postponed due to a law and order issue. 7. The relevant portion of the approved By-law reads is extracted hereunder for ready reference:- “9. eph;thf rig njh;jYf;F nghl;oapLtjw;F jFjp tha;e;j egh;fs; 3 tUl';fs; bjhlh;e;J re;jh brYj;Jgtuhf ,Uf;f ntz;Lk;/ re;jh bjhif epYitapy; ,Ue;jjhy; nghl;oaplj;jFjp bgw khl;lhh;fs;/ ntl;ghsiu Kd;bkhHpgth;fSk;. Thp bkhHpgth;fSk; Kiwg;go re;jh brYj;Jgtuhf ,Uf;f ntz;Lk;/ 4 https://www.mhc.tn.gov.in/judis W.P(MD)No.8535 of 2026 10. ufrpa thf;bfLg;g[ Kiwiag; gpd;gw;wp g[jpa eph;thf rigj; njh;t[ bra;ag;gLk; tiu. eph;thfj;ij jw;fhypfkhff; ftdpf;f K:d;W egh;fs; bfhz;l xU ml;?hf; fkpl;oia tf;`g; thhpa Kd; mDkjpa[ld; bghJf;FG cldoahf epakpf;f ntz;Lk;/ ml;?hf; fkpl;oapd; gjtpf;fhyk; ,uz;L khj';fshFk;/ njit Vw;gl;lhy;. tf;`g[ thhpak;. g[jpa ml;?hf; fkpl;oia epakpf;fyhk;/ 11. eph;thf rigapd; gjtpf;fhyk; Koe;j gpd; vf;fhuzj;ijf; bfhz;Lk; gjtpapy; bjhluf;TlhJ/ njh;e;bjLf;fg;gLk; g[jpa eph;thf rigaplk; bghWg;g[fisa[k; midj;J tf;`g; Mtz';fisa[k; xg;gilf;f ntz;Lk;/ ” 7. Thus, it can be seen that the petitioner is correct in contending that the election should be conducted by secret ballot and should take place at the earliest. However, it must also be noted that the approved By-law itself specifies that a committee whose term has expired should not continue and that the affairs should be managed by an Ad-hoc Committee in the interim. Therefore, the appointment of the Ad-hoc Committee need not be interfered with. It is however, emphasized that the Ad-hoc Committee cannot take any major policy decisions. Its role is limited to ensuring that the day-to-day activities continue smoothly until the election is concluded and nothing more. Since it has already been 5 https://www.mhc.tn.gov.in/judis W.P(MD)No.8535 of 2026 stated that the eligible voter list is ready, it shall be published within two weeks from the receipt of a web copy of this order, without waiting for the certified copy. 8. The Superintendent of the Wakfs shall issue the notification of election schedule. All draft voter lists shall be displayed on the Wakf Board’s notice board by a specified date, and the final voter list shall be published a week thereafter. The dates for inviting nominations, withdrawal of nominations, and the polling date shall also be fixed. A composite notification shall be issued within two weeks from the receipt of a web copy of the order. The election date shall be set after the general election on 23.04.2026, and the election shall be conducted as soon as possible, with the results declared and the consequential approval orders passed. In any event, the entire process must be completed on or before 15.05.2026. 6 https://www.mhc.tn.gov.in/judis W.P(MD)No.8535 of 2026 9. It is further stated that if any law and order issues or interference arise, a letter shall be issued by the Superintendent of Wakf to the jurisdictional Police Station, which shall provide adequate security to ensure the smooth conduct of the elections. 10. The writ petition stands allowed in terms of the above observations and directions. No costs. Consequently, connected miscellaneous petitions are closed. 27.03.2026 NCC:Yes/No rgm 7 https://www.mhc.tn.gov.in/judis W.P(MD)No.8535 of 2026 D.BHARATHA CHAKRAVARTHY , J. rgm To 1. The Tamil Nadu Waqf Board, Rep., by its Chairman, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 2. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 3. The Superintendent of Wakf, Tirunelveli Zone, Tirunelveli. W.P(MD)No.8535 of 2026 and W.M.P(MD).Nos.6922 and 6924 of 2026 27.03.2026 8 https://www.mhc.tn.gov.in/judis