High Court of Karnataka Quashes Removal of Mosque Committee Members for Violation of Natural Justice — Waqf Board Approval Required for Executive Committee Changes Under Waqf Act, 1995.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 16:35:31

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Case Note & Summary

The petitioners, Abdul Sattar and Mohammad Mustafa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. They sought to quash the proceedings of two special meetings of the Badariya Jumma Masjid Muslim Jamath (the 3rd respondent) dated 11.10.2024 and 13.10.2024, by which they were removed from the executive committee of the mosque. They also sought a writ of mandamus directing the respondents to continue the executive committee as approved by the Karnataka State Board of Waqf (the 1st respondent) on 22.02.2023 and to allow them to participate in the activities of the mosque. The petitioners were represented by Senior Advocate Sri K.N. Phanendra and Advocate Sri Lethif B. The respondents were represented by Advocate Sri Usman P for R-1 and R-2. The court, after hearing the parties, found that the impugned proceedings were passed without any notice or opportunity of hearing to the petitioners, in violation of principles of natural justice. The court also noted that the Waqf Board had approved the executive committee on 22.02.2023 and any change to that committee required the approval of the Board under the Waqf Act, 1995. The court held that the removal of the petitioners was illegal and arbitrary. Consequently, the court allowed the writ petition, quashed the proceedings of the special meetings dated 11.10.2024 and 13.10.2024, and directed the respondents to restore the executive committee as approved by the Waqf Board on 22.02.2023, allowing the petitioners to participate in the activities of the mosque.

Headnote

A) Waqf Law - Removal from Executive Committee - Natural Justice - Sections 32, 33, 54 of the Waqf Act, 1995 - The petitioners were removed from the executive committee of a mosque without notice or opportunity of hearing - The court held that such removal violates principles of natural justice and the Waqf Act - The proceedings of the special meetings were quashed and the committee as approved by the Waqf Board on 22.02.2023 was directed to be restored (Paras 1-5).

Issue of Consideration

Whether the proceedings of the special meetings dated 11.10.2024 and 13.10.2024 removing the petitioners from the executive committee of the mosque are valid and whether the petitioners are entitled to be restored to the committee as approved by the Waqf Board.

Final Decision

The writ petition is allowed. The proceedings of the special meetings dated 11.10.2024 and 13.10.2024 are quashed. The respondents are directed to restore the executive committee as approved by the 1st respondent on 22.02.2023 and allow the petitioners to participate in the activities of the 3rd respondent institution.

Law Points

Natural justice
Waqf Act
1995
Section 32
Section 33
Section 54
Writ jurisdiction
Certiorari
Mandamus

Case Details

2025 LawText (KAR) (11) 29

WP No. 9113 of 2025 (GM-WAKF)

2025-11-05

Suraj Govindaraj

K.N. Phanendra (Senior Advocate for petitioners), Lethif B (Advocate for petitioners), Usman P (Advocate for respondents 1 & 2)

Abdul Sattar and Mohammad Mustafa

Karnataka State Board of Waqf, District Waqf Officer, Badariya Jumma Masjid Muslim Jamath

Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India challenging the removal of petitioners from the executive committee of a mosque.

Remedy Sought

Quashing of proceedings of special meetings dated 11.10.2024 and 13.10.2024 removing petitioners, and mandamus to restore the executive committee as approved by the Waqf Board on 22.02.2023.

Filing Reason

Petitioners were removed from the executive committee of the mosque without notice or opportunity of hearing, in violation of natural justice and the Waqf Act.

Previous Decisions

The Waqf Board had approved the executive committee on 22.02.2023.

Issues

Whether the removal of petitioners from the executive committee of the mosque without notice or hearing violates principles of natural justice. Whether the proceedings of the special meetings dated 11.10.2024 and 13.10.2024 are valid under the Waqf Act, 1995.

Submissions/Arguments

Petitioners argued that they were removed without any notice or opportunity of hearing, violating natural justice. Petitioners contended that the Waqf Board had approved the executive committee on 22.02.2023 and any change requires Board approval. Respondents argued in support of the impugned proceedings.

Ratio Decidendi

Removal of members from a waqf committee without notice or opportunity of hearing violates principles of natural justice and the provisions of the Waqf Act, 1995. Any change to the executive committee approved by the Waqf Board requires prior approval of the Board.

Judgment Excerpts

The petitioners are before this Court seeking for the following reliefs; The impugned proceedings have been passed without any notice or opportunity of hearing to the petitioners. The Waqf Board had approved the executive committee on 22.02.2023 and any change to that committee requires the approval of the Board.

Procedural History

The petitioners filed WP No. 9113 of 2025 before the High Court of Karnataka at Bengaluru under Articles 226 and 227 of the Constitution of India. The petition came up for orders on 05.11.2025 before Justice Suraj Govindaraj, who allowed the petition.