RAJESH SHANKAR,J. - (1.) Both these writ petitions have been filed with the following prayers:- (i) For quashing the Anjuman Islamia Election 2016-17 which has been announced by the press conference dated 22.10.2017 and the date of polling has been fixed as 5th November 2017. (ii) For quashing of the letter no. 309 dated 20.10.2016 and letter no. W.B. 05/2009 316 dated 28.10.2016 issued by the Chief Executive Officer (CEO), Jharkhand State Sunni Waqf Board (in short to be referred as 'the Board') whereby the outgoing committee of the Anjuman Islamia Waqf (in short to be referred as 'Waqf') has been appointed as an Adhoc Committee and has been empowered to look after the matter of term end election of waqf till 31.12.2016. (iii) For quashing of the entire terms of election process 2016 of Waqf. and directing the Board to supersede the Adhoc committee of Waqf and to take charge till the constitution of new Committee. (iv) For quashing the appointment of the Election Convener of the Waqf by the Adhoc Committee. (v) For quashing the fake voter list and for a direction to the respondents to prepare fresh voter list and to conduct the election in fair and transparent manner. (vi) To constitute a high level committee under the provisions of the bye-laws of the said waqf who will look after the dispute of voter list.
(2.) The factual background of the case as emerges from the writ petition is that the Anjuman Islamia Waqf is a registered body governed by its own rule and regulations. As per the bye-laws of the said Waqf, the election of the executive committee is to be held at the interval of three years. The present committee of Waqf expired on 29.09.2016 which was headed by the President Shri Ibrar Ahmad. However, at the fag end of the committee, the President made amendment in the bye-laws and after calling a meeting of Mazlishe Aamla on 07.08.2016, appointed one Md. Alluddin Ansari as Chief Election Convener for 2016 election of Waqf, two Deputy Election Convener namely Md. Hasib Akhtar, Ex Deputy Development Commissioner and Md. Rizwan. The CEO of the Board vide letter no. 309 dated 20.10.2016 found that the amendment in the tenure of the working committee of Waqf from three years to five years is violative of section 67 of the Waqf Act, 1995 (Act, 1995), clause 52 of the Jharkhand Waqf Rules 2004 and also rule 58(1) of the Central Model Rules, 2016. It was further directed that the election of the Anjuman Islamia shall be conducted according to the old bye-laws and has to be completed till 31.09.2016. Since the voter list was not verified, the election was not held till 31.09.2016. The Chief Election Convener of Anjuman Islamia namely Alluddin Ansari resigned from the post and thereafter Hasib Akhtar (respondent no.10) was appointed as election convener. The Board vide letter no. 316 dated 28.10.2016 addressed to the Deputy Commissioner, Ranchi informed interalia that the new amendment of the bye-laws of Anjuman Islamia has been turned down and the election will be held under the old bye-laws. The Deputy Commissioner, Ranchi vide letter no. 2310 dated 10.11.2016 authorized the Sub Divisional Officer, Sadar and Land Reforms Deputy Collector, Ranchi for verification and scrutiny of voter list. Thereafter the respondent no. 10 vide letter no. 1966 dated 25.11.2016 informed the Board that a meeting was called by Sub Divisional Officer, Ranchi on 24.10.2016 at his office and a direction has been given to prepare fresh voter list and fixation of schedule of election of Anjuman Islamia, Ranchi. Accordingly, a fresh schedule of election was prepared and the last date of submission of application form for voter list and membership for the year 2016 has been extended from 15.11.2016 to 30.11.2016 and the time for preparation of voter list has also been extended from 22.11.2016 to 22.12.2016. The respondent no. 10 also intimated the Board that several complaints have arrived and it is not possible to dispose of all the complaints within a short span of time. The Deputy Commissioner cum District Magistrate, Ranchi vide letter no. 25 dated 04.01.2017 intimated the CEO of the Board stating that till the voter list is not fully corrected, it is not proper to conduct the election. Thereafter, the CEO of the Board issued show cause to the respondent no. 10 who filed his reply on 04.01.2017 and in the Board's meeting dated 12.01.2017, it was noticed that different organizations have raised objections regarding the election of the said Waqf on the voter list and other issues which were not being duly verified and determined by the respondent no. 10 and as such four members "Nigrani Committee" was constituted to monitor the election process to ensure that the same is conducted as per its bye-laws. Further, the election convener was also directed to constitute five members "Election Aakshep Committee" as per section 21 of the bye-laws of the Anjuman Islamia, Ranchi to dispose of all the complaint relating to election. Thereafter, letter dated 01.02.2017 was sent by the respondent no. 10 to the CEO of the Board stating that in the meeting dated 20.01.2017 and 31.01.2017, four members of "Nigrani Committee" were present, but one member from the complainant's side remained absent and as such five member "Aakshep Committee" could not been constituted till date. The Board through show cause dated 27.03.2017 asked explanation from the Ad-hoc committee of Anjuman Islamia for superseding the said committee as per the provisions of section 67(2) of the Act, 1995. The Board vide letter dated 11.04.2017 observed that presently no managing committee has been authorized to look after the affairs of the Waqf property. However, in the meeting of the Board dated 05.05.2017, five members "Aakshep committee" was constituted headed by Mr. Humayoon Rashid, Advocate. Md. Faizi and Mr. Gulam Sarwar were nominated from the side of complainant and Mr. Sadique Latif and Mr. Abbas Salem were nominated by the election convener. The Board further directed the Committee to conduct election within three months and the said order was communicated to the respondent no. 10 vide letter dated 08.05.2017. The head of the "Aakshep Committee" Mr. Humayoo Rasheed, Advocate Informed the CEO of the Board vide letter dated 30.08.2017 that no scrutiny of the voter list has been done due to non-co-operation of the respondent no. 10 and thereafter the CEO of the Board informed the respondent no. 10 that no election will be conducted without the scrutiny of the voter list as well as the fact of tendering resignation by Mr. Humayoo Rasheed, Advocate on 26.08.2017 through e.mail. Thereafter, on 20.09.2017, in the meeting of the Board, it was found that there is lack of coordination between the election convener and the members of the "Aakshep Committee" and as such a decision was taken to ensure transparency in the voter list and to complete the election process within one month after the end of Muharram on preparation of voter list and completion of all the required procedure. The said order was communicated to the respondent no. 10 on 26.09.2017. The respondent no. 10, thereafter, released the press communique dated 22.10.2017 and fixed the date of polling as 5th November 2017.
(3.) Mr. Anil Kumar Sinha, learned Senior Counsel appearing on behalf of the petitioner-Federal Anjuman Islamia submits that the new voter list includes fake voters and many genuine voters of past election have been deleted from the voter list. The outgoing committee without having power under the law has created the post of election convener and others to fulfill its own interest. The Board without any jurisdiction, took decision vide letter dated 20.10.2016 that the outgoing committee shall work till 31.12.2016 as an Adhoc Committee and look after all the election process of the Anjuman Islamia, Ranchi. Moreover, the Adhoc committee has already lost its force after 31.12.2016, as there is no provision to extend the period. It is further submitted that as per clause 16 of the Bye- laws of the Anjuman Islamia Ranchi, in case of delay in election of the Waqf due to any problem in the executive committee, the present executive committee and Mazlish-e-Muntazima have to work under the direction of the Mazlish-e-Nigran till the completion of further election of the committee. No power has been vested with the Board to convert the Outgoing Committee into the Ad-hoc Committee to allow it to function till new Executive Committee comes into existence through the general term-end election. Though the CEO of the Board, in response to the letter of Mr. Humayoon Rasheed, Advocate directed the respondent no. 10 that no election would be conducted without the scrutiny of the voter list, he arbitrarily released the press communique dated 22.10.2017 for conducting the election. It is further submitted that the Deputy Commissioner, Ranchi vide letter no. 25 dated 04.01.2017 had also suggested the Board that it would not be safe to conduct election without the scrutiny and correction of the voter list. It is also submitted that the Board had directed the respondent no. 10 to scrutinize the fake voters from the voter list before conducting the election, but the respondent no. 10 called the meetings on several dates and decided himself to conduct election by 30th July 2017 without the coram of the "Aakshep Committee" and in absence of the committees' two members, thus the respondent no. 10 also violated the order of the Board. It is further submitted that the letter of the Board dated 09.05.2017 is the deemed supersession of the Adhoc committee under section 67(2) of the Act 1995 and as such the said committee may not be allowed to conduct the election.;