WP/12036/2026 of T.SATHIK BASHA Vs The superintendent
WP No. 12036 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2026
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 12036 of 2026 and WMP.No.13132 of 2026
T.Sathik Basha Petitioner(s)
Vs
1. The superintendent
Tamil nadu Waqf Board Salem District
636 302
2.The Advocate commissioner
A.Venkatesh kumar, Advocate, A3, 3rd
Floor, No 74/35, AS piran Garden, 2nd
street Kilapauk, Chennai 10
appointed by High Court in W.P.
No.20280 of 2025
Respondent(s)
PRAYER: Petition filed under Article 226 of Constitution of India, d irecting
the respondents to consider the petitioners representation dated 26.02.2026
and consequently ensure the inclusion of all eligible persons in the elec toral
rolls of the Jamia Masjid Trust without discrimination and any
interference from external influences and further direct the Respondents to
conduct the election Strictly in accordance with the Trust By l aws and the
Directions passed in W.P. no 41668 of 2025 under the direct supervision of
the advocate commissioner appointed in W.p. No 20280 of 2025 within a
time frame as may be fixed by this honble Court
For Petitioner(s): Ms.K.Zeenath Shariffa
For Respondent: Mr.Avinash Wadhwani for R1
ORDER
By consent of both parties, this writ petition is taken up for fi nal disposal
at the admission stage itself.
2. This petition has been filed for a direction, directing the r espondents to
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WP No. 12036 of 2026
consider the petitioners representation dated 26.02.2026 and consequently
ensure the inclusion of all eligible persons in the electoral rolls of the Jamia
Masjid Trust without discrimination and any interference from external
influences and further direct the Respondents to conduct the election Strictly in
accordance with the Trust By laws and the Directions passed in W .P. no 41668
of 2025 under the direct supervision of the advocate commissioner appointed in
W.p. No 20280 of 2025.
3.It is the case of the petitioner that the petitioner is a Sunni Muslim
residing at Suramangalam Village, Salem District and has been regularly
offering prayers and participating in the religious activities of the
Suramangalam Mosque, registered under Wakf named called Noorul Islam
Jamia Masjid which is administered by the Salem Jamia Masjid Trust. The
petitioner is a bonafide member of the mosque congregation and is active ly
involved in its religious and welfare activities. The Salem Jami a Masjid Trust is
an enumerated Wakf published under G.S.No.227/Salem and is governed by a
scheme framed by the competent civil court in OS.No.36 of 1941 dated
01.07.1969. As per the scheme, the administration of the Wakf is carried out by
a Governing Body consisting of 50 members, with 10 members elected f rom
each of the five wards. From among them, a five member Executive Committee
is formed to administer the Wakf and elect the Muttawalli and Naib Mutawali.
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WP No. 12036 of 2026
4. The petitioner has been continuously participating in the affairs of the
mosque and has been contributing to the mosque by paying the monthly shanda
subscription. The petitioner was also selected as a member of Ramadan
Committee pursuant to the proceedings of the CEO of Tamil Nadu Waqf Board
dated 26.07.2011. As per the bye-laws governing the Trust, any qualified
member having voting right is entitled to contest the election for the
administration of the mosque. The petitioner fulfils the required quali fication
and is eligible to contest in the elections. It is the grievance of the petitioner
when the petitioner approached the Superintendent of Wakf on 26.02.2026
seeking application for participating in the election, the same was refused,
hence, the petitioner submitted a representation on 26.02.2026 for participa ting
in the election process, but no action has been taken so far. Hence, the petitioner
has filed this petition for a direction to conduct the election strictly in
accordance with the by-law and under the supervision of Advocate
Commissioner appointed by this Court in WP.No.20280 of 2025 and in terms of
the order made in WP.41668 of 2025.
5. The learned counsel for the Waqf Board submitted that this Court vide
order dated 09.09.2025 in WP.No.20280 of 2025 had appointed Advocate
Commissioner for conducting election of the Jamia Masjid Trust (G.S.No.227)
and series of directions were issued in WP.No.41668 of 2028 vide order date d
04.02.2026 in furtherance of conducting elections. This Court vide order dated
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WP No. 12036 of 2026
04.02.2026 has directed that on 26.02.2026, draft list be published on the notice
board or in any other prominent place in all the respective 19 mas jids, and any
objection or claim for inclusion or deletion may be made before 05.03.2026 by
addressing a representation to the Superintendent of Wakfs, which shall be
decided and placed before the Advocate Commissioner, who will then a pprove
or reject the decision. Admittedly, the petitioner has given his obj ection, the
Superintendent of Wakf has considered the objection of the petitioner a nd the
same is forwarded to the Advocate Commissioner, now, the Advocate
Commissioner has to take decision. The process enumerated and directed by
this Court is at the verge of completion and the notification of the election of
members for each of the masjids will be published on or before 11.04.2026.
6.Heard both sides and perused the materials placed on record. This Court
perused the earlier orders passed by this Court in WP.No.20280 of 2025 and
WP.No.41668 of 2025. WP.No.20280 of 2025 has been filed challenging the
resolution of the Wakf Board ordering taking over of the direct managem ent of
the wakf namely Salem Jamia Masjid Trust. This Court for conducting of
election had appointed Advocate Commissioner vide order dated 09.09.2025,
thereafter, a communication was issued to the wakf directed for handing over of
the charge, therefore, WP.No.41668 of 2025 was filed before this Court. This
Court vide detailed order dated 04.02.2026 disposed of the writ petition wi th a
series of directions for conducting the election smoothly. The releva nt portions
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WP No. 12036 of 2026
of the order dated 04.02.2026 reads as follows:-
“ 25. Therefore, the first step in the normal course would be to
amend the scheme. However, today the wakf board itself is
restrained from carrying out its functions. Therefore, pending the
amendment of the scheme, by invoking the doctrine of necessity
and considering that the decree has been deviated even in the year
2014, only to include all the followers of the religion residing
within Salem city, the present election can proceed in the manner
indicated herein:
(A) The Superintendent of Wakfs, Salem, shall file a memo
before the Wakf Board, along with a copy of the order, praying f or
suitable modifications to the Scheme framed for the Wakf.
(B) Upon filing of such memo, the Wakf Board shall cause
notice to be given to the persons in management of the Wakf to f ile
such response, and shall permit every person interested in the Wakf
to make prayers and suggestions with reference to the amendment
of the scheme. After due hearing of all the parties, the Wakf Board
shall consider and amend the scheme in accordance with law.
(C) In the meanwhile, as stated supra, since the wakf board
itself is not functional, as in the last elections for the years
2014~15, the total strength of the governing body shall be 150.
(D) On or before 15/02/2026, the Superintendent of Wakfs,
Salem, shall issue a communication to all the 19 masjids,
requesting the eligible voters list based on the subscriptions
received by them;
(E) Upon receipt of the communication on or before
25/02/2026, each of the masjids shall prepare the eligible list of
voters as per their subscription and send it to the Superintendent of
Wakfs.
(F) Upon receipt of the list, the Superintendent of Wakfs may
furnish a copy to the Advocate Commissioner.
(G) On 26/02/2026, the draft lists will be published on the
notice board or in any other prominent place in all the respective
19 masjids, and any objections or claims for inclusion or deletion
may be made before 05/03/2026 by addressing a representation to
the Superintendent of Wakfs;
(H) The same shall thereafter be decided by the
Superintendent of Wakfs, and his decision shall be placed before
the Advocate Commissioner, who will then approve or reject the
decision as the case may be;
(I) The decisions on the claims shall be made on or before
15/03/2026, and a final list of voters shall be communicated to the
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WP No. 12036 of 2026
respective masjids, which will again be displayed on the notice
board or at such a prominent place from 16/03/2026;
(J) Based on the final number of voters, the Superintendent
of Wakfs shall determine proportionately, on or before 21/03/2026,
the number of governing body members to be elected by each of
the masjids and place it before the Advocate Commissioner.
(K) Thereafter, as per convenience, the Advocate
Commissioner shall notify the election of members for each of the
masjids. The notification shall include the timetable for filing
nominations, scrutiny of nominations, publication of the final list
of contestants (if there is a contest), and the date for polling. The
process shall be completed on or before 20/04/2026.
(L) The list of elected governing body members shall be
published on or before 25/04/2026, and thereafter, a date for the
meeting of the governing body shall be fixed, which shall be on or
before 05/05/2026;
(M) On the date of the meeting, the Governing Body shall
elect a 30~member executive committee, and the same shall be
notified on or before 10/05/2026;
(N) The Advocate Commissioner shall thereafter fix the date
of the meeting of the Executive Committee, which shall be on or
before 20/05/2026, and the 30 members will elect a Muthawalli,
Naib Muthawalli, Secretary, Joint Secretary and a Treasurer
among themselves;
(O) The Advocate Commissioner shall declare such election
and notify it on or before 30/05/2026;
(P) The results and the new committee shall be placed before
the Chief Administrative Officer on or before 05/06/2026, and the
Chief Administrative Officer shall issue orders entrusting the
management of the wakf to the new governing body and the
Executive Committee, and the period of three years shall be clearly
mentioned;
(Q) The Superintendent of Wakfs shall be entitled to incur all
expenses related to the election, including printing of ballots and
other arrangements, from the funds of the wakf, and shall keep the
expenses to a minimum and submit the accounts before the Chief
Administrative Officer.
(R) The amount shall also include the travel, food, and other
expenses of the Advocate Commissioner incurred for the purpose.
(S) The above~mentioned schedule is tentative, and the
parties need not move the Court if there is any change up to 15
days before or after.
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WP No. 12036 of 2026
(T) The Court will finally determine the additional
remuneration, as the Advocate Commissioner has to work for a
long number of days.
26. Thus, with the above detailed directions, the elections
can proceed, and the same Advocate Commissioner shall continue
to complete the task.”
7. It is submitted by the learned counsel for the Waqf Board that as per
the direction of this Court, election process is being carried on strictly by the
Waqf Board. The petitioner's objection is considered and the same i s forwarded
to the Advocate Commissioner, the Advocate Commissioner will take a decision
and the notification of the election of members of each of the m asjids will be
notified on or before 11.04.2026. In such view of the matter, this Court is of the
view that when the election process is at the verge of notifying the notification
for election of members, that cannot be put to standstill, as submitt ed by the
learned counsel for the Wakf Board, let the petitioner's objection be considered
and decided and the notification be notified on or before 11.04.2026.
8. Recording the submissions of the learned counsel for the Wakf Board
and in view of the above, I find no merits in this writ petiti on and this writ
petition stands accordingly, dismissed. No costs. Consequently, connected
miscellaneous petition stands closed.
01-04-2026
dhk
Index:Yes/No
Speaking/Non-speaking order
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WP No. 12036 of 2026
Internet:Yes
Neutral Citation:Yes/No
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WP No. 12036 of 2026
To
1.The superintendent
Tamil nadu Waqf Board Salem District
636 302
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WP No. 12036 of 2026
M.DHANDAPANI J.
dhk
WP No. 12036 of 2026
01-04-2026
https://www.mhc.tn.gov.in/judis