'Wakf Board Meddling In Administration Of Nagore Dargah': Ad Hoc Board Of Administrators Files Affidavit Before Madras HC
Nagore Dargah's Ad-Hoc Board of Administrators has filed an affidavit before the Madras High Court stating that they have done everything in the best interests of the Dargah and the Tamil Nadu State Wakf Board has been meddling in the day to day administration of dargah from June 2018."...the counsel for the Tamil Nadu Wakf Board had claimed to represent us though we did not authorize him and...
Nagore Dargah's Ad-Hoc Board of Administrators has filed an affidavit before the Madras High Court stating that they have done everything in the best interests of the Dargah and the Tamil Nadu State Wakf Board has been meddling in the day to day administration of dargah from June 2018.
"...the counsel for the Tamil Nadu Wakf Board had claimed to represent us though we did not authorize him and he had also stated as if we are functioning under the Tamil Nadu Wakf Board. We were not put on notice of the case. We came to know of the order only after we received a copy from the Tamil Nadu Wakf Board. We informed the Wakf Board that, the Wakf Board cannot interfere in our day-to-day administration", the affidavit states in reference to the writ appeal the board filed that invited the court's disapproval.
The affidavit mentions that the expenditures incurred have been accounted for and filed before the court along with a performance report. They also stated that they merely want to protect their reputation and requested the court to expunge the adverse remarks made while taking the suo motu cognisance.
On the last occasion, taking suo motu cognisance of the misuse of funds belonging to Nagore Dargah for filing a writ appeal, the Madras High Court called upon the Ad Hoc Board of Administrators to show cause as to why they should not be discontinued/ substituted.
"We submit that the 1st of us is a retired IAS Officer and the 2nd of us is a retired District Judge. We believe that as for as our honesty and integrity is concerned, we have done our best in accordance with our conscience and we believe that, we have maintained the highest degree of integrity in the discharge of our responsibilities.", the affidavit also adds.
Background
It is pertinent to note that the writ appeal filed by Administrators 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 writ appeal by contending that the single judge bench passed the order without affording them an opportunity to be heard. They had also submitted that if the Wakf board, as a body, 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 the festival whereas the first respondent's representation had already been rejected by the Wakf Board on 7th January.
While taking suo motu cognisance, 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).
Other Submissions Made In The Affidavit
The ad-hoc administrators have filed their affidavit before the High Court stating that the Madras High Court Division Bench Judgement in June 2018 held that Tamil Nadu Wakf Board replaces the Scheme Court and the Administrators should work with the Wakf Board as Ad-hoc Board till the disposal of the suit. According to the Affidavit, they were also directed in Paragraph 47 of the said judgment to send the reports to the Wakf Board.
It is pertinent to note that till the final orders passed by the Division Bench in 2018, the designated scheme court was Nagapattinam District Court where the administrators were supposed to submit their reports.
Afterwards, the affidavit states that a special leave petition was filed against the division bench judgment and the Supreme Court granted a status quo order. Later, in a Letters Patent Appeal before the High Court in 2019, the bench noted that once an order of status quo is granted by the Supreme Court, the prima facie view is that nothing can be done in respect of Para 47 of 2018 Division Bench Judgment. Afterwards, another special leave petition was filed before the Supreme Court in 2020 with respect to a similar proceeding before the High Court, and the Supreme Court once again directed to maintain the status quo.
They also submitted that it is only for the High Court to decide whether the direction to work in association with Tamil Nadu Wakf Board would apply or if they can continue to administer the dargah as the ad-hoc board of administrators like before the 2018 Division Bench judgment.
The affidavit states that the problem became serious after the order passed by the High Court in W.P. No. 25964 of 2021.
"The Writ Petition was filed by a newly formed society to allow their members to help the police in crowd management during Urs Festival. We rejected their representation on 15.12.2021. The Writ Petition is for a Mandamus directing the respondent therein namely 1. The Ad-hoc Board of Administrators, 2. The Manager, 3. The Tamil Nadu Wakf Board and 4. The Superintendent of Police to consider three representations to allow the members of the society to work as volunteers in the annual Urs Festival 2022."
Pursuant to this, the court admitted the appeal and disposed of it in December 2021, the affidavit states. However, according to the Ad-Hoc Board, they came to know about the said court order only when the Manager of Dargah received a notice from the Wakf Board one week after the order was passed.
According to the affidavit, none of the writ petitioners, who wanted to participate in the Urs festival sent a representation to the Ad-Hoc Board of Administrators. However, the writ petitioners have stated in their affidavits that the Adminsitrators did not permit them to participate in the festival which is why they approached the Wakf Board. During the case proceedings, Wakf Board took the stand that they could decide on the representations made by the petitioners and settle the matter which was also categorically stated in the court order.
The Board sent a letter on 6th January 2022 objecting to this statement. In the same letter, the Board also indicated that they would be filing a writ appeal. At last, the representations were rejected by the Wakf Board on the basis of the Board's letter, the affidavit states.
The affidavit further states that though the representations were rejected, the writ appeal came to be filed under the following circumstances:
"...We were faced with judicial orders namely the order in W.P. No. 25964 of 2021 and in W.P. No. 27770 of 2021. In both the cases, the Tamil Nadu Wakf Board claimed that the Ad-hoc Board of Administrators appointed by the Hon'ble High Court have to work under the Tamil Nadu Wakf Board....The Ad-hoc Board of Administrators encountered difficulties in the day-to-day administration of the Dargah since the Tamil Nadu Wakf Board passed conflicting orders more so during the time of Annual Urs Festival. We only wanted orders from this Hon'ble Court apropos the relationship between Ad-hoc Board of Administrators and the Tamil Nadu Wakf Board in the context of the orders dated...."
Case Title: The Adhoc Board of Administrators, Nagore Dargah Interim Adhoc Administrators v. Muhalli Muthavalli & Anr.
Case No: W.A.No.327 of 2022