PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K v. JAYAKUMAR FRIDAY, THE

SRI JAMSHEED HAFIZ SC WAQF THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13125 OF 2025 2 JUDGMENT Amit Rawal, J. Petitioner is a member of the Possot Muhiyudheen Juma Masjid, i.e., respondent no.1 and is also a voter who intents to cast his vote in the ensuing election scheduled on 6.4.2025. The Jama- ath has its own bye-laws and as per clause 11 of the same, the voting system has been prescribed in the following manner: A. The voting of the Sangham shall be by show of hands and by voice vote. B. Voting right will be on the basis of one vote for one house and accordingly, only one vote can be exercised for one house.

2. On perusal of the same, the voting of the Sangham can be by show of hands and by voice vote and the voting right will be on the basis of one vote for one house and accordingly, only one vote can be exercised for one house.

3. Since the term of elected committee of the Jama-ath is over, in order to have fair and conducive elections, a Retired District Judge was appointed as the Returning Officer vide order dated

16.12.2024 of this Court in OP(Wakf) No.32 of 2024 .

4. The Returning Officer caused an election notification vide Ext.P4 in the following manner: ELECTION NOTIFICATION Subject: Election to the Executive Committee of Posoat Muhiyudheen Juma Masjid -Regarding. WP(C) NO. 13125 OF 2025 3 Reference: Order in OP (WAKF) No. 32/2024 passed by the Hon'ble High Court of Kerala. Mr. Shankaran Nair (District Judge (Retd)) has been appointed as the Returning Officer to conduct the elections to the Executive Committee of Posoat Muhiyudheen Juma Masjid as per the above referance. Accordingly, the following dates have been fixed for the election.

1. The dates for filing of applications for the election to the Executive Committee are from March 19, 2025 to March 25, 2025. 2. Date of scrutiny of nominations is 26/03/2025. 3. Publication of draft list of candidates is 27/03/2025. 4. Date of withdrawal of nominations is 29/03/2025. 5. Publication of final list of candidates is 01/03/2025. 6. Election and counting of votes is 06/03/2025. 7. The venue of the election will be Mambaul Uloom Kendra Madrasa Posot, the timings will be from 7 am to 3 pm. CONDITIONS Candidates can apply Nominations as a panel or individually, and those who submit a panel should submit a panel of at least 17 members and a maximum of 27 members

2. All candidates should sign the application, and their signatures should be attested by a member of Panchayat Administrative Committee. Each candidate should sign an affidavit at the bottom of the application stating that "The above Information is true to the best of my knowledge and belief. 3 Each candidate should deposit a security deposit of Rs. 1000/- (Rupees One Thousand) in the account of Possot Muhiyuddeen Juma Masjid (A/c. No. 351820100029, Canara Bank, Manjeswaram Branch) and produce a receipt.

4. The security deposit will be refunded to the successful candidates.

5. The eligibility of the candidates will be as per the bye-laws. 6 Identity card issued by the Returning Officer is mandatory for voting.

7. Identity card must be obtained by all before April 4, 2025.

8. All the remaining persons must submit their photographs for WP(C) NO. 13125 OF 2025 4 the identity card to the receiver by March 31, 2025. Everyone should cooperate for a peaceful election.

5. A clarification dated 20.3.2025 was made vide Ext.P5 as inadvertently there was a typing error and the date of publication of the final list of candidates is 1.4.2025 and the election date has been scheduled to be on 6.4.2025, instead of 1.3.2025 and 6.3.2025, which were written incorrectly.

6. Apprehending that there may be an ambiguity for voters in casting the votes in the ensuing election, the petitioner, being a voter, submitted a representation dated 22.3.2025, Ext.P6 to the District judge, Returning Officer, seeking clarifications regarding the number of votes a voter can cast, guarantee of freedom of personal choice and whether the adoption of the panel system is democratic and legitimated as per the existing bye-laws. Pursuant to the aforementioned representation, the Returning Officer passed an order dated 26.3.2025, impugned in the present petition, by declaring as under: NOTICE REGARDING VOTING A panel and 27 independent candidates have submitted their nominations. A voter has 27 votes, but if the vote is for the panel, a single tick mark is sufficient on the ballot, while if the vote is for the independent candidates, a tick mark must be made against the name of each candidate. If a voter who has already marked his vote for the panel or for any of the other 27 candidates, his voting rights will be considered to have been fully exercised. Therefore, if that order marks his vote for any of he candidate or panel again, his vote will be completely invalidated. Every voter should WP(C) NO. 13125 OF 2025 5 remember this.

7. Sri.P.A Abdul Jabbar, learned counsel appearing for the petitioner submits that there is no system of panel voting. There are 54 candidates; ie., a panel and 27 independent candidates. In case the order P7 dated 26.3.2025 is permitted to sustain, the other candidates would not be having any votes.

8. Sri.Jamsheed hafiz assisted by Smt.Fathima Nazrin accepts notice for the Waqf Board.

9. The controversy involved in this case appears to be not that contentious but innocuous. Therefore we deem it appropriate to dispose of the writ petition by issuing a clarification without issuing notice to the other respondents as it would be in their favour for having a fair and unbiased election ie., the respondent No.1.

10. On perusal of the clause 11 read with conjunction with the order impugned, it is evident that in case the system adopted by the Returning Officer is accepted, the other panel of candidates would not have any votes, for, the voter would be exercising only one vote for a panel. It is just like an election for a Bar Council where 1st preference or 2nd preference has to be exercised. Meaning thereby, if a voter exercised the vote for one panel, second set of candidates would not have any votes as they have not found any panel, they are individual candidates. There would have been a justification in WP(C) NO. 13125 OF 2025 6 adopting the procedures suggested by the Returning Officer in the impugned order, had other set of candidates formed a panel. Therefore they would be losing the right for seeking a vote from the candidates. The creation of panel of 27 candidates would create a confusion in the mind of the voters and therefore all the candidates should be treated as individual candidates, so that the voters would not have any doubt in casting their vote. In other words, it would be a simple election for any parliamentary or assembly election ie., by secret ballet system. With the aforementioned modification, the petition is disposed of. SD/- AMIT RAWAL JUDGE SD/- K. V. JAYAKUMAR JUDGE WP(C) NO. 13125 OF 2025 7 APPENDIX OF WP(C) 13125/2025 PETITIONER EXHIBITS Exhibit- P1 Exhibit- P2 Exhibit- P3 Exhibit- P4 Exhibit- P5 Exhibit- P6 Exhibit- P7 TRUE COPY OF THE MEMBERSHIP CARD DATED 21.08.2020 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT JAMA-ATH. TRUE COPY OF THE JUDGMENT DATED 16.12.2024 IN IN O.P. (WAKF) NO. 32/2024. TRUE COPY OF THE RELEVANT PAGES OF THE BYE LAW OF THE 1ST RESPONDENT JAMA-ATH ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE ELECTION NOTIFICATION DATED 19.03.2025 PUBLISHED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE CORRECTION NOTICE DATED 20.03.2025 PUBLISHED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE REPRESENTATION DATED 22.03.2025 ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE NOTICE DATED 26.03.2025 PUBLISHED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

SRI JAMSHEED HAFIZ SC WAQF THIS WRIT PETITION (CIVIL) HAVING BEEN HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13125 OF 2025 2 JUDGMENT Amit Rawal, J. Petitioner is a member of the Possot Muhiyudheen Juma Masjid, i.e., respondent no.1 and is also a voter who intents to cast his vote in the ensuing election scheduled on 6.4.2025. The Jama- ath has its own bye-laws and as per clause 11 of the same, the voting system has been prescribed in the following manner: A. The voting of the Sangham shall be by show of hands and by voice vote. B. Voting right will be on the basis of one vote for one house and accordingly, only one vote can be exercised for one house.

2. On perusal of the same, the voting of the Sangham can be by show of hands and by voice vote and the voting right will be on the basis of one vote for one house and accordingly, only one vote can be exercised for one house.

3. Since the term of elected committee of the Jama-ath is over, in order to have fair and conducive elections, a Retired District Judge was appointed as the Returning Officer vide order dated

16.12.2024 of this Court in OP(Wakf) No.32 of 2024 .

4. The Returning Officer caused an election notification vide Ext.P4 in the following manner: ELECTION NOTIFICATION Subject: Election to the Executive Committee of Posoat Muhiyudheen Juma Masjid -Regarding. WP(C) NO. 13125 OF 2025 3 Reference: Order in OP (WAKF) No. 32/2024 passed by the Hon'ble High Court of Kerala. Mr. Shankaran Nair (District Judge (Retd)) has been appointed as the Returning Officer to conduct the elections to the Executive Committee of Posoat Muhiyudheen Juma Masjid as per the above referance. Accordingly, the following dates have been fixed for the election.

1. The dates for filing of applications for the election to the Executive Committee are from March 19, 2025 to March 25, 2025. 2. Date of scrutiny of nominations is 26/03/2025. 3. Publication of draft list of candidates is 27/03/2025. 4. Date of withdrawal of nominations is 29/03/2025. 5. Publication of final list of candidates is 01/03/2025. 6. Election and counting of votes is 06/03/2025. 7. The venue of the election will be Mambaul Uloom Kendra Madrasa Posot, the timings will be from 7 am to 3 pm. CONDITIONS Candidates can apply Nominations as a panel or individually, and those who submit a panel should submit a panel of at least 17 members and a maximum of 27 members

2. All candidates should sign the application, and their signatures should be attested by a member of Panchayat Administrative Committee. Each candidate should sign an affidavit at the bottom of the application stating that "The above Information is true to the best of my knowledge and belief. 3 Each candidate should deposit a security deposit of Rs. 1000/- (Rupees One Thousand) in the account of Possot Muhiyuddeen Juma Masjid (A/c. No. 351820100029, Canara Bank, Manjeswaram Branch) and produce a receipt.

4. The security deposit will be refunded to the successful candidates.

5. The eligibility of the candidates will be as per the bye-laws. 6 Identity card issued by the Returning Officer is mandatory for voting.

7. Identity card must be obtained by all before April 4, 2025.

8. All the remaining persons must submit their photographs for WP(C) NO. 13125 OF 2025 4 the identity card to the receiver by March 31, 2025. Everyone should cooperate for a peaceful election.

5. A clarification dated 20.3.2025 was made vide Ext.P5 as inadvertently there was a typing error and the date of publication of the final list of candidates is 1.4.2025 and the election date has been scheduled to be on 6.4.2025, instead of 1.3.2025 and 6.3.2025, which were written incorrectly.

6. Apprehending that there may be an ambiguity for voters in casting the votes in the ensuing election, the petitioner, being a voter, submitted a representation dated 22.3.2025, Ext.P6 to the District judge, Returning Officer, seeking clarifications regarding the number of votes a voter can cast, guarantee of freedom of personal choice and whether the adoption of the panel system is democratic and legitimated as per the existing bye-laws. Pursuant to the aforementioned representation, the Returning Officer passed an order dated 26.3.2025, impugned in the present petition, by declaring as under: NOTICE REGARDING VOTING A panel and 27 independent candidates have submitted their nominations. A voter has 27 votes, but if the vote is for the panel, a single tick mark is sufficient on the ballot, while if the vote is for the independent candidates, a tick mark must be made against the name of each candidate. If a voter who has already marked his vote for the panel or for any of the other 27 candidates, his voting rights will be considered to have been fully exercised. Therefore, if that order marks his vote for any of he candidate or panel again, his vote will be completely invalidated. Every voter should WP(C) NO. 13125 OF 2025 5 remember this.

7. Sri.P.A Abdul Jabbar, learned counsel appearing for the petitioner submits that there is no system of panel voting. There are 54 candidates; ie., a panel and 27 independent candidates. In case the order P7 dated 26.3.2025 is permitted to sustain, the other candidates would not be having any votes.

8. Sri.Jamsheed hafiz assisted by Smt.Fathima Nazrin accepts notice for the Waqf Board.

9. The controversy involved in this case appears to be not that contentious but innocuous. Therefore we deem it appropriate to dispose of the writ petition by issuing a clarification without issuing notice to the other respondents as it would be in their favour for having a fair and unbiased election ie., the respondent No.1.

10. On perusal of the clause 11 read with conjunction with the order impugned, it is evident that in case the system adopted by the Returning Officer is accepted, the other panel of candidates would not have any votes, for, the voter would be exercising only one vote for a panel. It is just like an election for a Bar Council where 1st preference or 2nd preference has to be exercised. Meaning thereby, if a voter exercised the vote for one panel, second set of candidates would not have any votes as they have not found any panel, they are individual candidates. There would have been a justification in WP(C) NO. 13125 OF 2025 6 adopting the procedures suggested by the Returning Officer in the impugned order, had other set of candidates formed a panel. Therefore they would be losing the right for seeking a vote from the candidates. The creation of panel of 27 candidates would create a confusion in the mind of the voters and therefore all the candidates should be treated as individual candidates, so that the voters would not have any doubt in casting their vote. In other words, it would be a simple election for any parliamentary or assembly election ie., by secret ballet system. With the aforementioned modification, the petition is disposed of. SD/- AMIT RAWAL JUDGE SD/- K. V. JAYAKUMAR JUDGE WP(C) NO. 13125 OF 2025 7 APPENDIX OF WP(C) 13125/2025 PETITIONER EXHIBITS Exhibit- P1 Exhibit- P2 Exhibit- P3 Exhibit- P4 Exhibit- P5 Exhibit- P6 Exhibit- P7 TRUE COPY OF THE MEMBERSHIP CARD DATED 21.08.2020 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT JAMA-ATH. TRUE COPY OF THE JUDGMENT DATED 16.12.2024 IN IN O.P. (WAKF) NO. 32/2024. TRUE COPY OF THE RELEVANT PAGES OF THE BYE LAW OF THE 1ST RESPONDENT JAMA-ATH ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE ELECTION NOTIFICATION DATED 19.03.2025 PUBLISHED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE CORRECTION NOTICE DATED 20.03.2025 PUBLISHED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE REPRESENTATION DATED 22.03.2025 ALONG WITH ITS ENGLISH TRANSLATION. TRUE COPY OF THE NOTICE DATED 26.03.2025 PUBLISHED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.