Case Note & Summary
The case involves a civil revision application filed by Abdul Rahman Abdul Razzaque and others, who were elected trustees of Choti Masjid Trust, a waqf registered under the Waqf Act, 1995. The trust is also registered under the Maharashtra Public Trust Act. A scheme for administration was sanctioned by the Joint Charity Commissioner, Aurangabad on 10.07.1989. The applicants were elected as trustees on 25.02.2019 for a five-year term and submitted a change report to the Waqf Board, which was approved on 01.09.2021. Respondent No.1 (Choti Masjid Trust) challenged this approval by filing Waqf Application No.38 of 2021, while the applicants had earlier filed Waqf Application No.3 of 2019 against the Board's direction to appoint an Election Officer. The Waqf Tribunal rejected the applicants' change report and allowed the trust's application, leading to the present revision. The court noted that the tenure of the applicants expired on 25.02.2024, making Waqf Application No.3 of 2019 infructuous. Both parties agreed that clauses 8(C) and (D) of the scheme are ambiguous. The applicants sought clarification and purposive interpretation to facilitate a fair election. The court found that the Tribunal had not properly considered the resolution dated 22.12.1989, which the applicants argued had binding force under clause 27 of the scheme. The court set aside the impugned order and remanded the matter to the Waqf Tribunal for fresh consideration, directing it to clarify the ambiguous clauses and conduct elections in a transparent manner.
Headnote
A) Waqf Law - Scheme Interpretation - Ambiguity in Election Clauses - Waqf Act, 1995 - The court examined clauses 8(C) and (D) of the scheme sanctioned on 10.07.1989 for Choti Masjid Trust, which were found ambiguous by both parties. The court held that the scheme needs purposive interpretation to facilitate transparent elections, and directed the Waqf Tribunal to clarify the clauses and conduct elections afresh. (Paras 5-7) B) Waqf Law - Change Report Approval - Resolution dated 22.12.1989 - Waqf Act, 1995 - The applicants argued that the resolution dated 22.12.1989 had binding force under clause 27 of the scheme in the absence of rules. The court did not decide on this as the matter was remanded for fresh consideration. (Para 6) C) Civil Procedure - Infructuous Application - Waqf Application No.3 of 2019 - The court noted that the tenure of the applicants expired on 25.02.2024, rendering Waqf Application No.3 of 2019 infructuous. (Para 5)
Issue of Consideration
Whether the Waqf Tribunal correctly rejected the change report of the elected trustees and whether the scheme clauses 8(C) and (D) are ambiguous requiring clarification for conducting fair elections.
Final Decision
The court set aside the impugned judgment and order dated 16.06.2023 and remanded the matter to the Waqf Tribunal for fresh consideration. The Tribunal is directed to clarify the ambiguous clauses 8(C) and (D) of the scheme and conduct elections in a transparent manner.
Law Points
- Interpretation of trust scheme
- ambiguity in election clauses
- binding nature of resolution in absence of rules
- need for transparent election
