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2026 DAILYLAW 52246 (KAR)

MOHAMMADSALEEM S/O DONGRIKHAN PATHAN v. THE KARNATAKA STATE BOARD OF AUQAFS

WP/100042/2026 · 2026-01-07

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:145 WP No. 100042 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100042 OF 2026 (GM-WAKF) BETWEEN: 1. MOHAMMADSALEEM S/O. DONGRIKHAN PATHAN, AGE. 52 YEARS, OCC. BUSINESS, 2. MALIKSAB S/O. GUDUSAB BAGAWAN, AGE. 50 YEARS, OCC. BUSINESS, 3. NABISAB S/O. ALLAHSAB TANKASALI, AGE. 48 YEARS, OCC. BUSINESS, 4. IMAMHUSEN S/O. ABDUL RAZAQ ADONI, AGE. 46 YEARS, OCC. BUSINESS, ALL ARE R/O: NAVANAGAR, BAGALKOT TOWN, TQ. AND DIST. BAGALKOT-587103. …PETITIONERS (BY SRI. SADIQ N.GOODWALA, ADVOCATE) AND: 1. THE KARNATAKA STATE BOARD OF AUQAFS, ’DARUL AWQAF’ NO.6, CUNNINGHAM ROAD, BENGALURU-560052, R/P BY ITS CHIEF EXECUTIVE OFFICER. 2. THE DISTRICT WAKF OFFICER, BAGALKOT, DIST. BAGALKOT-587103. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.01.09 10:54:53 +0530 - 2 - HC-KAR NC: 2026:KHC-D:145 WP No. 100042 of 2026 3. ANJUMAN-E-RIFAH AAM BY ITS PRESIDENT IMAMJAFAR S/O. ABDUL RAHEMAN BEPARI, AGE. 58 YEARS, OCC. BUSINESS, R/O. NAVANAGAR, BAGALKOT TOWN, TQ. AND DIST. BAGALKOT-587103. …RESPONDENTS (BY SRI. B. MUHAMMED ALI, ADVOCATE R1 AND R2; SRI. S.B. PATIL, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, a. A WRIT IN A NATURE OF MANDAMUS DIRECTING RESPONDENT NO.1 TO PASS ORDERS APPOINTING RESPONDENT NO.2 AS ADMINISTRATOR/ELECTION OFFICER TO RESPONDENT NO.3 INSTITUTION UNDER RULE 54 OF WAKF ACT RULES, 2017 IN SO FAR AS PETITIONERS CONCERNED. b. OR IN THE ALTERNATIVE DIRECT THE RESPONDENT NO.2 TO TAKE CHARGE OF RESPONDENT NO.3 INSTITUTION AS PER SECTION 54 OF WAKF ACT RULES, 2017 AND HOLD ELECTION AS PER SCHEME OF ADMINISTRATION OF INSTITUTION AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:145 WP No. 100042 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayers: “a) A writ in the nature of mandamus directing respondent No.1 to pass orders appointing respondent No.2 as Administrator/Election officer to respondent No.3/Institution under Rule 54 of the Karnataka Wakf Rules, 2017 insofar as petitioners is concerned. b) Or in the alternative direct the respondent No.2 to take charge of respondent No.3/Institution as per Section 54 of Karnataka Wakf Rules, 2017 and hold election as per scheme of administration of Institution. c) Pass such other order/further orders as this Hon’ble Court may deem fit under the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioners submits that he is not pressing for the 2nd prayer. 3. The facts of the case are that the petitioners, respondent No.3 and others were elected as the Managing Committee of respondent No.3/Institution on 10.02.2023 for a period of three years. The term of Committee would expire on 10.02.2026. As the term of Committee expires on 10.02.2026, the petitioners made a representation dated 01.01.2026 to the - 4 - HC-KAR NC: 2026:KHC-D:145 WP No. 100042 of 2026 respondents to call for a General Body Meeting and immediately start election process as contemplated under Rule 54 of the Karnataka Wakf Rules, 2017 (Hereinafter referred to as ‘Rules, 2017’ for short). It is the grievance of the petitioners that the respondents have failed to comply with the same, which made them to approach this Court. 4. Learned counsel appearing for respondent No.1 submits that they will consider the representation of the petitioners in the light of Rule 54(2) of Rules, 2017. 5. In the light of the submission of learned counsel for respondent No.1, this Court deems it appropriate to pass the following: ORDER i) The writ petition is disposed off directing the respondent No.1 to consider the representation of the petitioners dated 01.01.2026 in accordance with Rule 54(2) of Rules, 2017. ii) The process of appointing the Election Officer and enrolment of new general members shall be - 5 - HC-KAR NC: 2026:KHC-D:145 WP No. 100042 of 2026 completed within a period of thirty days from the date of receipt of certified copy of this order. iii) All I.A.s in this writ petition shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 2 Sl No.: 38