'Misuse Of Funds': Madras HC Takes Suo Motu Cognizance, Asks Adhoc Administrators Of Nagore Dargah To Justify Their Continuance

Taking suo motu cognisance of the misuse of funds belonging to Nagore Dargah, the Madras High Court has called upon the Ad Hoc Board of Administrators to show cause as to why they should not be discontinued/ substituted.

The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy came down heavily on the Board after observing that it has filed a writ appeal by 'misusing the position and funds of dargah'.

The court also added that the Adhoc Board of Administrators was appointed by the High Court in 2017 for a short period of four months. The appointment was made by the court to set straight the mismanagement of dargah's affairs. The said board of administrators consisted of Janab K.Allaudin, I.A.S., (Retired) and Janab S.F.Akbar, District Judge (Retired).

"Merely because the Adhoc Committee comprises a retired IAS Officer and a retired District Judge, they cannot be permitted to misuse the funds", the court observed in its order.

After making it clear that the court would be taking suo motu cognisance, the bench has also asked the representing counsel to justify the continuance of the Adhoc Board of Administrators for more than four years, though it was appointed only for the short period. The Board has also been directed to submit an affidavit on the total expenses incurred by them in regard to the affairs of the dargah and their own affairs since 2017. The Tamil Nadu Wakf Board will also be at liberty to furnish a statement on expenses incurred by the Board members for travelling etc.

While listing the disposed of writ appeal on account of suo motu cognizance for 10th March, the court has also given a strict mandate that Adhoc Board will no longer govern the affairs of Dargah; it will be taken care of by the Wakf Board. If the court finds that the Wakf Board is also mismanaging the administration of Dargah, the court will nominate a different group of ad hoc board of administrators.

It is pertinent to note that the writ appeal that was dismissed as 'infructuous' pertained to the High Court's direction to consider the representation of Muhalli Muthavalli H. Haja Nazimudden Sahib to participate in the Urus festival. However, the permission sought for participating in the holy ceremonies of 465th Urus of the Nagore Dargah was not granted by Tamil Nadu Wakf Board. Despite the same, the Adhoc Board filed the present writ appeal by contending that the single judge bench passed the order without affording them an opportunity to be heard. They also submitted that if the Wakf board permits the petitioner/ first respondent to participate in the festival, it will affect the functioning of the dargah.

The writ appeal was filed by the Adhoc board on 4th February after the completion of festival whereas the first respondent's representation had already been rejected by the Wakf Board on 7th January.

"If the prayer made in the writ petition and decided by the impugned order is looked into, it is amply clear that the writ petitioner/first respondent herein sought permission to participate in the holy ceremonies of 465th Urs of the Nagoor Dargah to be held between 4.1.2022 and 17.1.2022. The request of the writ petitioner/first respondent herein was rejected by the Wakf Board. The period aforesaid has already expired. However, the Adhoc Board of Administrators filed the present appeal on 4.2.2022 from the funds of dargah. This is nothing but misuse of the position and funds of dargah by the Adhoc Board of Administrators", the court noted.

Case Title: The Adhoc Board of Administrators, Nagore Dargah Interim Adhoc Administrators v. Muhalli Muthavalli & Anr.

Case No: W.A.No.327 of 2022

Citation: 2022 LiveLaw (Mad) 78

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