Case Note & Summary
The writ petition under Articles 226 and 227 of the Constitution of India was filed by the President and Secretary of a Wakf institution, challenging an Official Memorandum dated 12.02.2026 issued by the Karnataka State Board of Auqaf, which constituted an eleven-member ad-hoc committee for a period of eleven months. The petitioners claimed that the Board had repeatedly appointed administrators or ad-hoc committees without following Rule 54 of the Karnataka Wakf Rules, 2017, despite specific directions in earlier writ petitions. In W.P.No.103173/2022, interim protection was granted and the appointment of an administrator was stayed; that petition was disposed of on 18.03.2024 with a direction to maintain status quo. A subsequent representation dated 01.04.2024 requested consideration of the proposal for a new managing committee, but the Board again appointed an administrator. In W.P.No.103432/2025, allowed on 29.10.2025, the court found that the Board had acted during the subsistence of the status quo order and set aside the impugned orders, remitting the matter to the Board for fresh consideration. Thereafter, the Board issued the impugned Official Memorandum constituting an ad-hoc committee headed by respondent No.3. The petitioners contended that Rule 54 prescribes a complete mechanism for constitution of the succeeding managing committee and that, once the tenure of the existing committee ended without a succeeding committee, management and supervision automatically vested in the District Wakf Officer under Rule 54(5). They argued the Board could not bypass this statutory mechanism and constitute an ad-hoc committee for a further eleven months. They relied on Managing Committee, Masjid-E-Idgah, Mysore v. State of Karnataka, which held that the Board's power is circumscribed by the Wakf Act and cannot be exercised dehors the statutory framework. The respondents raised a preliminary objection to maintainability, asserting that the petitioners had an efficacious alternative remedy before the Wakf Tribunal under Section 83 of the Wakf Act, 1995. They relied on a Coordinate Bench decision in W.P.No.104387/2024, affirmed by a Division Bench in W.A.No.100561/2024, and on the Supreme Court decision in Board of Wakf, West Bengal v. Anis Fatma Begum. On the merits, the respondents argued that Section 32(2)(o) of the Wakf Act confers wide power on the Board for control, maintenance and administration of auqaf, and that constituting an ad-hoc committee was an administrative measure. The court framed three points for consideration: whether the constitution of an ad-hoc committee for eleven months is amenable to writ jurisdiction; whether Section 6 of the Wakf Act covers disputes regarding constitution of an ad-hoc committee and whether the petitioners were required to institute proceedings before the Wakf Tribunal under Section 83(1) and (2); and whether the constitution of the ad-hoc committee violated Section 32 read with Rules 48 and 54 of the Karnataka Wakf Rules, 2017. The court extracted Section 6 and Section 7 of the Wakf Act, which deal with disputes regarding auqaf and the power of the Tribunal to determine such disputes. The available text ends before any final determination on the points or any operative direction, and therefore the final decision could not be identified from the provided material.
Headnote
A) Writ Jurisdiction - Alternative Remedy - Maintainability of Writ Petition - Constitution of India, Article 226; Wakf Act, 1995, Section 83 - Petitioners challenged ad-hoc committee constitution, while respondents raised a preliminary objection that an efficacious alternative remedy before the Wakf Tribunal under Section 83 exists; the court framed the issue whether ad-hoc committee constitution is amenable to writ jurisdiction and whether petitioners are required to institute proceedings before the Wakf Tribunal. The court extracted Section 6 and Section 7 of the Wakf Act and noted the statutory scheme before proceeding; no final finding was recorded in the available text. (Paras 10-17) B) Wakf Administration - Constitution of Ad-Hoc Committee - Compliance with Statutory Procedure - Wakf Act, 1995, Section 32; Karnataka Wakf Rules, 2017, Rules 48 and 54 - Petitioners contended that Rule 54 prescribes a complete mechanism and management vests in the District Wakf Officer under sub-rule (5) when the succeeding committee has not been constituted; respondents relied on Section 32(2)(o) wide powers for administrative measures; the court framed the issue whether constitution of an ad-hoc committee for eleven months violates Section 32 read with Rules 48 and 54. No final determination was recorded in the available text. (Paras 4, 8, 14-15) C) Judicial Discipline - Prior Court Orders - Adherence to Status Quo and Remand Directions - Constitution of India, Articles 226 and 227 - Petitioners alleged the Board acted contrary to prior directions in W.P.No.103173/2022 and W.P.No.103432/2025 by repeatedly appointing administrators or ad-hoc committees; a previous writ petition was allowed and the matter remitted for fresh consideration; the court in the present proceedings was considering whether the fresh Official Memorandum is a repetition of the deprecated course of action. No final determination was recorded in the available text. (Paras 3, 5-8)
Issue of Consideration
(i) Whether the constitution of an ad-hoc committee for a period of eleven months is amenable to writ jurisdiction; (ii) Whether Section 6 of the Wakf Act, 1995 covers a dispute regarding constitution of an ad-hoc committee by the State Wakf Board and, consequently, whether the petitioners are required to institute proceedings before the Wakf Tribunal under Section 83(1) and (2) of the Wakf Act; (iii) Whether constitution of an ad-hoc committee for a period of eleven months violates the mandate contained in Section 32 of the Wakf Act read with Rules 48 and 54 of the Karnataka Wakf Rules, 2017
Law Points
- Rule 54 of Karnataka Wakf Rules
- 2017 prescribes complete mechanism for constitution of succeeding managing committee
- if tenure of existing committee ends and succeeding committee not constituted
- management and supervision vest in District Wakf Officer under sub-rule (5)
- Board cannot bypass statutory mechanism
- Section 83 of Wakf Act
- 1995 provides alternative remedy before Wakf Tribunal
- Section 6 covers disputes regarding auqaf
- Section 32(2)(o) confers wide powers for control
- maintenance and administration
- prior court orders must be adhered to
