- Case
- ABDUL RAHAMAN ABDHUL RAZZAQUE AND OTHERS v. CHOTI MASJID TRUST THR. CHAIRMAN MOHD AFZAL S/O SHAIKH BUDHAN AND OTHERS (Bombay High Court, 11-12-2025)
- Law
- Maharashtra Public Trusts Act, Waqf Act.
Facts: A dispute arose regarding the election of trustees for the Choti Masjid Trust, a Waqf registered under the Waqf Act, 1995 and also registered under the Maharashtra Public Trust Act. The applicants, elected trustees aspiring for approval of their change report, took exception to the rejection of Waqf Application No.3 of 2019 and the allowing of Waqf Application No.38 of 2021. The administration of the trust is governed by a scheme sanctioned in 1989. The applicants' tenure expired on 25.02.2024.
Procedural Posture: This case came before the High Court of Judicature at Bombay, Bench at Aurangabad, as a Civil Revision Application challenging the judgment and order of the Tribunal.
Issue: 1. How should ambiguous clauses 8(C) and 8(D) of the scheme governing the Waqf be interpreted to facilitate transparent and fair elections? 2. What directions should be issued to ensure the conduct of elections, considering the expired tenure of the existing trustees and pending applications for modification of the scheme? 3. What is the qualifying age and place of residence for voters and trustees under the scheme?
Holding: The Civil Revision Application was disposed of with directions to regulate the conduct of elections. The Court clarified the qualifying age for voters and trustees as 21 years and defined the qualifying place of residence. It also clarified that the term "trustee" in clause 8(C) includes voters or members who elect the trustees. The Waqf Board was directed to decide on pending applications for modification or amendment to the scheme.
Reasoning: The Court noted the ambiguity in the scheme's clauses regarding the election process and the need for clarification to ensure fair elections. It considered the submissions of all parties, including the willingness to amend the scheme. The Court clarified the ambiguous clauses, setting a Standard Operational Procedure (SOP) to regulate elections until the Waqf Board formulates or modifies the scheme. The Court emphasized the Waqf Board's power to frame a scheme for the administration of Waqf under Section 69 of the Waqf Act, 1995. The Court held that the qualifying age of a voter has to be 21 years, stipulating that a qualified age of 18 years is not possible to be countenanced.
