CHAPTER III



Establishment of Kerala Wakf Board and election and nomination of members

8. Composition of the Kerala Wakf Board.- The Kerala Wakf Board shall consist of the following members, namely.-

*[(a) two members to be elected in accordance with the system of proportion representation by means of single transferable vote from each of the elctoral colleges consisting of-

(i) Muslim Members of the State Legislature.

(ii) Mutawallis of the Wakfs having an annual income of rupees one lakh and above.

(aa) One member to be elected in accordance with the system of proportional representation by means of single transferable vote from each of the electoral colleges consisting of-

(i) Muslim members of Parliament from the State;

(ii) Muslim members of the Bar Council of the State.]

(*Substituted by SRO 499/97.)

(b) two members nominated by the Government representing eminent Muslim Organisations;

(c) two members nominated by the Government each from recognised scholars in Islamic Theology;

(d) an officer of the State Government not below rank of Deputy Secretary to the Government nominated by the Government.



9. Appointment of Returning officer.-

(1) The Government shall appoint an officer not below the rank of a District collector as the Returning Officer for the conduct of election of members referred to in clause(a)of rule 8.

(2) It shall be the duty of the Returning Officer do all such Acts and things as may be necessary for effectively conducting the election in accordance with provisions of the Act and these rules.



10. Powers and functions of the Returning Officer.-


(1) Subject to the other provisions of these rules, the Returning Officer shall be responsible for the conduct of elections of the members of the Board and shall have power-

(a) to fix the date, place and time of all elections;

(b) to prescribe the form of notice, nomination, letter of intimation, declaration paper, ballot paper, ballot paper cover, cover and the envelope for any election, the form of any other record to be prepared or maintained in relation to an election and the instructions to be contained in the notification.

(c) to decide, in case of doubt, the validity or invalidity of each ballot paper or of each vote recorded thereon;

(d) to declare the result of each election; and

(e) to fix,-

(i) the date of notification;

(ii) the last date for receipt of nominations;

(iii) the date of scrutiny of nominations and publication of list of candidates validily nominated;

(iv) the last date and hour for withdrawal of candidature;

(v) the date of publication of the final list;

(vi) the date of issue of ballot paper;

(vii) the date and hour for the poll;

(viii) the date and hour of scrutiny and counting of votes.

(2) It shall be competent for the Returning Officer when any emergency arises to postpone the date or dates fixed in the programme for transaction of business connected with the elections at any intermediate stage after recording his reasons for so doing.

(3) The returning officer may, for sufficient cause, with the consent of the Government, postpone the date or dates fixed in the programme for publication of final list of valid nominations, for despatch of ballot papers, for poll or for scrutiny and counting of votes, when at any intermediate stage of an election any objection to any question is raised which necessitates the postponement of the programme.

(4) The Returning Officer shall have the power to direct the holding of elections in anticipation of vacancies that are about to occur by efflux of time.

11. Maintenance of electoral rolls.-The Returning Officer shall maintain an electoral roll for each electoral college entitled to elect members at any election of members of the Board showing the names and address of all persons.

12. Publication of electoral roll.- The electoral rolls shall be published in the Board office not less than thirty clear days before the date of notification of the election. The Returning Officer shall notify the date of publication of each electoral roll, not less than 30 clear days before the date or publication of the roll, in news papers approved by the Government for the purpose.

13. Eligibility to take part in elections.- The names of persons who are on the electoral body 30 days before the date of publication of the roll alone shall be included in the electoral roll, and such person alone shall be entitled to participate in the election:

Provided that any person who ceases to be a member of an electoral body before the date of issue of the ballot paper from the Returning Officer shall not be entitled to participate in the election.

14. Corrections, alterations, etc. in electoral roll.- It shall be competent for the returning officer to make any addition, correction, alteration or deletion in any electoral roll, provided that the fact necessitating such correction or alteration or deletion is brought to his notice within 15 days after the publication of the electoral roll and that he is satisfied that such correction or alteration or deletion is necessary.

15. Prices of copies of electoral roll.- Copies of the electoral roll or part thereof shall be made available to the electors on request and on payment of the price to be fixed for the roll or part thereof by the Returning Officer.

16. Electoral roll of electoral college of Parliament.- The electoral roll of the electoral college of parliament shall contain the names and address of the Muslim Members of the Rajya Sabha and Loka Sabha from the State:

Provided that if there are no Muslim Members in Parliament from the State,the electoral roll shall contain the names and address of the Ex-Muslim Members of Parliament.

17. Electoral roll of the electoral college of State Legislature.- The electoral roll of the electoral college of State legislature shall contain the names and address of the Muslim Members of the Legislative Assembly of the State:

Provided that if there are no Muslim Members in the Legislative Assembly, the electoral roll shall contain the names and address of the Ex-Muslim Members of the legislative Assembly.

18. Electoral roll of the electoral college of the Bar Council of the State.- The electoral roll of the electoral college of the Bar Council of the State shall contain the names ad address of the Muslim Members of the Bar Council of the State:

Provided that if there are no Muslim Members in the Bar Council of the State the electoral roll shall contain the names and address of the Ex-members of the Bar Council of the State.

19. Electoral roll of the electoral college of the Mutawallis.-

(1) The electoral roll of the electoral college of the Mutawallis shall contain the names and address of the Mutawallis of the Wakf having an annual income of rupees one lakh and above.

(2) Where there are shia Wakf but no separate shia wakfs Board exist, and no member from other categories listed in sub-section (1) of section 14 elected or nominated to the Board is a shia then a seat shall be reserved for mutawallis of shia wakf having an annual income of rupees one lakh and above. In such cases separate electoral rolls of the mutawallis of sunni and shia wakfs having an annual income of rupees one lakh and above shall be prepared and maintained by the Returning Officer.

20. Notification of election.- When any vacancy occurs or is about to occur by efflux of time among the members the Board which has to be filled up by election, or if an election, has to be conducted for the constitution or reconstitution of the Board according to the provisions of the Act and these rules, the Returning Officer shall, under the direction of the Government, notify the fact in the Gaztte and also simultaneously cause the notification to be published in news papers approved by the Government for the purpose. The notification shall contain the programme of the election from the date of notification of election giving the following particulars, namely.-

(1) date of notification;

(2) last date for receipt of nominations;

(3) date of scrutiny of nomination and publication of list of candidates validly nominated;

(4) last date and hour for withdrawal of candidature;

(5) date of publication of the final list of candidates;

(6) date of issue of ballot paper;

(7) date and hour fixed for the poll;

(8) date and hour of scrutiny and counting of votes.



21. Presentation of nomination paper and requirements for a valid nomination.-

(1) On or before the date appointed under rule 20 each candidate shall either in person or by his proposer deliver to the Returning Officer at the place specified in this behalf in the notification issued under rule 20 a nomination paper in the prescribed form, which shall, on application, be supplied free of cost by the Returning Officer to any elector whose name is in the electoral roll.

(2) Every nomination paper shall be proposed by an elector whose name is in the electoral roll and seconded by another elector of the concerned constituency with his signature.

22. Scrutiny of nominations.- All nomination papers received through the post or deposited in the box provided for the purpose in the office of the Returning Officer within the prescribed hour on the prescribed date shall be scrutinised by the Returning Officer. The candidate or one of his representatives who shall be appointed in writing by him and approved by the Returning Officer may be present at time of scrutiny of nominations.

23. Decisions of the Returning Officer on objections.-

(1) The Returning Officer shall then examine the nomination paper and decide all objections which may be made at the time to any nomination and may, either on such objection, or on his own motion, after such summary enquiry, if any, as he thinks necessary, reject any nomination, on any of the following grounds, namely:-

(i) That the candidate is ineligible for election under section 16 of the Act subject to the exceptions mentioned therein;

(ii) That the seconder is a person whose name is not registered in the electoral roll.

(2) The decision of the Returning Officer, shall, in each case be endorsed by him on the nomination paper in respect or which such decision is given.

24. List of candidates validly nominated.- A list of candidates whose nominations have been declared valid shall be published with their names and addresses by affixing the name on the notice board in the office of the Returning Officer on the same day. The names of the candidates in the list shall be in the serial order of their electoral roll numbers.

25. Withdrawal of candidature.- Any candidate may withdraw his candidature by notice in writing signed by him and either sent by registered post or delivered in person or by messenger to the Returning Officer so as to be received by him not later than the hour on the day fixed for withdrawal, which shall not be less than 5 clear days after the last date for the receipt of nominations and the withdrawal once made shall be final. A candidate who has withdrawn his nomination shall not be eligible for renomination as a candidate for the same election to the Board.

26. Final list of candidates.- The Returning Officer shall, after expiry of the period fixed for withdrawal of candidature publish in the Board office a final list of candidates validly nominated. The final list of candidates validly nominated shall show the name, roll number and the designation, if any, and address of the candidates.



27. Declaration of election of validly nominated candidates.-

(1) If the number of candidates validly nominated and not withdrawn does not exceed the number of vacancies to be filled by election, such candidates shall be declared to have been duly elected.

(2) If the number of candidates validly nominated and withdrawn is less than the number of vacancies to be filled by election, such candidates shall be declared to have been duly elected, and the electorate shall be called upon to elect a person or persons, as the case may be, to fill the remaining vacancy or vacancies.

(3) If the number of candidates validly nominated and not withdrawn exceeds the number of vacancies to be filled by election, then the Returning Officer shall proceed with the election in the manner prescribed hereinafter.

28. Despatch of ballot paper.- The Returning Officer shall forward to each elector, through the post, a serially numbered declaration paper, a ballot paper containing the names and address of all candidates in the same order as in the final list of candidates validly nominated and bearing the initials of the Returning Officer and the date of posting, a ballot paper cover, and an envelope addressed to the Returning Officer and bearing a number corresponding to the serial number of the declaration paper, together with the letter of intimation, stating the number of vacancies to be filled by election, the date and hour fixed for the poll and the date and hour fixed for the scrutiny and counting of votes, and such guidance to the voters for exercising their franchise as may be deemed necessary. The papers shall be forwarded to the address of each elector as given in the electoral roll of the constituency or, if any elector has since the publication of the roll changed his address, to the address changed, provided the fact has been intimated to the Returning Officer not less than 14 clear days before the date of posting of the ballot paper. The date fixed for the poll shall not be less than 14 clear days after the date of posting of the ballot paper.

29. Non receipt or loss of ballot paper by an elector.- When any elector has not received or has lost the ballot paper sent to him, he may make and transmit a declaration to that effect signed by himself and request the Returning Officer to send him duplicate papers in place of the ones not received or lost, and the Returning Officer, if satisfied as to the genuineness of the declaration duplicate papers through the post. In every case where duplicate papers are issued, the fact shall be noted against the number of the elector in the electoral roll for use at the time of scrutiny and counting of votes and the word “Duplicate” in block capitals shall be written or stamped in ink on the declaration paper and the envelope addressed to the Returning Officer.

30. Defective ballot papers, etc.- If the elector receives any ballot paper, ballot paper cover, or declaration form which is liable to be rejected for want of serial number, initial or for any reason arising from a clerical error or omission in the office of the Returning Officer, the elector shall within two days of the same but before the time fixed for the commencement of the election bring the matter to the notice of the Returning Officer, who shall, if satisfied, issue by post fresh ballot paper or ballot paper or ballot paper cover or declaration paper, as the case may be, in its place. The fact that a fresh ballot paper, ballot paper cover or declaration has been issued shall be noted against the number of the elector on the electoral roll for use at the time of scrutiny and counting.

31. Procedure when election papers are spoilt.- When an elector has inadvertently spoilt the ballot paper or any other connected papers sent to him he shall make a declaration to that effect signed by himself and transmit the same to the Returning Officer, together with the spoilt papers and the Returning Officer, on receipt of the spoilt papers, shall cancel them and issue through the post, fresh ones.

32. Voting.- The elector, in case he desires to vote at the election, shall after filling up the declaration paper and the ballot paper in accordance with the directions given in the letter of intimation and/or on the reverse side of the ballot paper, enclose the ballot paper in the cover marked “Ballot paper cover” and stick it and enclose the same and declaration paper in the envelope addressed to the Returning Officer and send the envelope by registered post to the Returning Officer so as to reach him before the hour and date fixed for the poll or deposit the envelope or cause it to be deposited in the box provided for the purpose in the office of the Returning Officer during office hours on any working day, before the last date and hour fixed for the poll.

33. Recording of votes of illiterate or disabled elector, etc.-

(1) If an elector is unable through illiteracy, blindness or by reason of any physical or other disability to record his vote in the manner prescribed, it shall be competent for him to record his vote by the hand of any of the persons specified in sub-rule (2) and such persons shall on the declaration paper attest the incapacity and the fact of his having been requested by elector to record his vote on his behalf and of its having been so marked by him in the presence of the elector.

(2) The following persons are empowered to record the vote under sub-rule (1), namely.-

(i) Magistrates;

(ii) District Registrars;

(iii) Sub-Registrars.

Provided that such person attesting the declaration paper about the in capacity of an elector shall not be a near relative of a candidate contesting the election.

34. Closing of ballot box.- The Returning Officer shall close the slit of the ballot box and seal it immediately after the hour appointed on the last date fixed for the poll.

35. Procedure of counting.- The scrutiny and counting of votes shall be conducted by the Returning Officer from the hour appointed on the date fixed for the scrutiny and counting votes. No person shall be present at the scrutiny and counting except the Returning Officer and such persons as the Returning Officer may appoint to assist him, the candidate or not more than one representative of each candidate appointed by him in writing and approved by the Returning Officer. The ballot box shall be opened at the hour fixed for the scrutiny, and the envelopes in the box scrutinised by the Returning Officer.



36. Envelope when rejected.-

(1) An envelope shall be rejected before opening-

(a) If it is not the one sent by the Returning Officer;

(b) if it does not bear any serial number.

(2) If two envelopes bearing the same serial number are received and one of them is superscribed as ‘Duplicate’ the latter alone shall be accepted.



37. Ballot paper cover when rejected.-

(1) A ballot paper cover shall be rejected-

(i) if it is not accompanied by the declaration paper sent by the Returning Officer; or

(ii) if the envelope contains no declaration paper outside the ballot paper cover; or

(iii) if the envelope contains anything other than the declaration paper and the ballot paper cover; or

(iv) if the declaration is not in accordance with these rules; or

(v) if the ballot paper is placed outside the ballot paper cover; or

(vi) if more than one declaration paper or ballot paper cover have been enclosed in one and the same envelope; or

(vii) if the serial number in the declaration paper differs from the serial number of the envelope addressed to the Returning Officer.

(2) In each case the rejection, the word “Rejected” shall be endorsed by the Returning Officer on the ballot paper cover or the declaration paper, as the case may be.

38. Manner of recording votes.- Every elector entitled to vote at the election shall have as many preferences as there are candidates. An elector may indicate the order of his preference by placing the figure 1 or 2, against the names of the candidates, who represent respectively his first or second choice.

39. Ballot paper when rejected.-

(1) The ballot paper cover other than those rejected shall be mixed together and then opened in the presence of the Returning Officer. The Returning Officer shall then proceed with the scrutiny of the ballot papers.

(2) The Returning Officer shall reject a ballot paper as invalid, for the following reasons, namely.-

(i) if the ballot paper cover contains any matter other than the ballot paper;

(ii) if it does not bear the initials of the Returning Officer;

(iii) if the voter signs his name or writes any word or makes any mark by which the identity of the voter becomes recognizable;

(iv) if the figure 1 is not marked; or

(v) if the figure 1 is set opposite the name of more than one candidate; or is so marked as to render it doubtful to which candidate it is intended to apply; or

(vi) if the figure 1 and some other figure are set opposite the name of the same candidate;

(3) On every paper so rejected under sub-rule (2) the Returning Officer shall endorse the word “Rejected” stating the grounds of rejection, and keep such rejected papers in a separate packet.

40. Fractions and preferences.- In carrying out the provisions regarding the procedure for election hereinafter prescribed-

(1) all fractions shall be disregarded; and

(2) all preferences recorded for candidate already elected or excluded from the poll shall be ignored.

41. Division into parcels according to first preference.- After the invalid ballot papers, if any, have been rejected the remaining papers shall be divided into parcels, according to the first preference recorded for each candidate and the number of papers in each parcel noted and credited to the concerned candidate’s account.

42. Quota.- The number of papers in all the parcels shall then be added together and the total divided by a number exceeding by one the number of vacancies to be filled by election and the quotient increased by one shall be the number sufficient to secure the return of candidate, hereinafter called the “quota”.

43. When persons who obtained quota are declared elected.-

(1) If at the end of any count a number of candidates equal to the number of vacancies to be filled by election has obtained the quota, such candidate, shall be treated as elected and no further steps shall be taken.

(2) Any candidate, in whose parcel the number of votes on the first preference being counted is equal to or greater than the quota, shall be duly declared elected.

(3) If the number of papers in any such parcel is equal to the quota, the papers shall be set as finally disposed of.

44. Transfer of surplus.-

(1) If the number of the papers in any such parcel is greater than the quota, the surplus shall be transferred to the continuing candidates indicated on the ballot papers as next in the order of the voters preference, in the manner hereinafter prescribed.

(2) If more than one candidate has a surplus, the largest surplus shall be dealt with first and the others in the order of magnitude, provided that every surplus arising on the first count of votes shall be dealt with before those arising on the second count, and so on.

(3) Where two or more surpluses are equal, regard shall be had to the original votes of each candidate and the candidate who is credited with the largest number of original votes shall have his surplus first distributed and if their original votes are equal, the Returning Officer shall decide by lot which candidate shall have his surplus first distributed.

(4) (i) If the surplus of any candidate to be transferred arises from original votes only, the Returning Officer shall examine all the papers in the parcel belonging to the candidate, divide the unexhausted paper into sub-parcel according to the next preference recorded thereon and make a separate sub-parcel of the exhausted papers.

(ii) The number of the papers in each sub-parcel and the total of all the unexhausted papers shall then be ascertained.

(iii) If the total number of the unexhausted papers is equal to or less than the surplus to be transferred, all the sub-parcels shall be transferred to the continuing candidates, the value of each paper so transferred being one.

(iv) If the total number of unexhausted papers is greater than the surplus, the sub-parcels shall be transferred to the continuing candidates and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers.

(5) If, in ascertaining the number of papers to be transferred from a sub-parcel, fractional parts are found to exist and if, owing to the existence of such fractional parts, the number of papers to be transferred is less than the surplus, as many of these fractional parts taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity, and the remaining fractional parts shall be ignored. If two or more fractional parts are equal magnitude, that fractional part shall be deemed to be the larger which arises from the largest sub-parcel, and if the sub-parcels in question are equal in size, preference shall be given to the candidate who obtained the larger number of original votes.

(6) If the surplus of any candidate to be transferred arises from transferred as well as original votes, all the papers in the sub-parcel last transferred to the candidate shall be examined and the exhausted papers divided into sub-parcels according to the next preference a recorded thereon. The sub-parcels shall be dealt with in the same manner as is provided in the case of the sub-parcel referred to in sub-rule (4).

(7) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate and the value of such transferred votes credited to his account.

(8) All the papers in the parcel or sub-parcel of an elected candidate not transferred to any continuing candidate under these rules shall be set apart as finally disposed of.

45. Exclusion of candidate lowest in the poll.-

(1) If, after all the surpluses have been transferred as hereinafter provided, the number of candidates elected is less than the required number, the Returning Officer shall exclude from the poll candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preference marked thereon and any exhausted papers shall be set apart as finally disposed of.

(2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of such paper being one.

(3) The papers containing the transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which, and at the value at which he obtained them.

(4) Each of such transfer shall be deemed to be a separate transfer, but not a separate count.

(5) If the total of the votes of two or more candidates lowest on the poll together with any surplus vote transferred, is less than the votes credited to the next highest candidate, those candidates may in one operation be excluded from the poll and their votes transferred in accordance with the provisions in sub-rule (1) to (4).

(6) The above process shall be repeated on the successive exclusions one after another of the candidate lowest on the poll until the last vacancy is filled, either by the election of a candidate with the quota or as hereinafter provided.

46. Complection of transfer when quota obtained.- If, as a result of a transfer of papers under these rules, the number of votes obtained by a candidate is equal or greater than the quota,the transfer then proceeding shall be completed and no further papers shall be transferred to him.

47. Procedure in the case of candidate obtaining votes equal to or greater than the quota.-

(1) After the completion of any transfer under these rules, the number of votes of any candidate is equal to or greater than the quota, he shall be declared elected.

(2) If the number of votes of any candidate is equal to the quota, the whole of the papers on which such votes are recorded shall be set aside as finally disposed of.

(3) If the number of the votes of any sub candidate is greater than the quota, his surplus shall thereupon be distributed in the manner hereinbefore provided, before the exclusion of any other candidate.

48. When continuing candidates are declared elected.- When at the end of any count, the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected.

49. When the number of votes of one candidate exceeds the total votes of the other candidates.- When at the end of any count only one vacancy remains unfilled and the number of votes of any one candidate exceeds the total of all the votes of the other continuing candidates together with any surplus with any surplus not transferred, the candidate shall be declared elected.

50. When continuing candidates have equal number of votes.- When at the end of any count only one vacancy remains unfilled and there are only two continuing candidates and each of them has the same value of votes and no surplus remains capable of transfer, the Returning Officer shall decide by lot which of them shall be excluded, and after the exclusion of one of the candidates by drawing lots, the other candidate shall be declared elected.

51. Exclusion of candidate when two or more candidates have equal number of votes.- If at any time it become necessary to exclude a candidate and two or more candidate have the same number of votes and are lowest on the poll, regard shall be had to the original votes of each candidate, and the candidate for whom the lowest original votes are recorded shall be first excluded; and if their original votes are equal, the Returning Officer shall decide by lot which candidate shall be excluded.

52. Recounting.-

(1) Any candidate or his agent may, at any time during the counting of votes, either before the commencement or after the completion of any transfer of votes, request the Returning Officer to re-examine or recount the papers of all or any candidate (not being papers set aside at any previous transfer as finally disposed of) and the Returning Officer shall forthwith re-examine or recount the same accordingly.

(2) The Returning Officer may, at his discretion, recount the votes either once or more than once in any case in which he is not satisfied as to the accuracy of any previous count, provided that nothing in these rules shall made it obligatory on the Returning Officer to recount the same votes more than once.

53.Declaration of results.- The Returning Officer shall at the end of the counting declare the names of the candidates who have been duly elected.

54. Record of election.-

(1) The Returning Officer shall prepare a record in the prescribed form showing-

(a) the number of voters who voted;

(b) the number of ballot papers rejected:

(i) as being received late;

(ii) for irregularities connected with the declaration;

(iii) as invalid;

(c) the number of valid ballot papers;

(d) the number of votes obtained by each candidate at each stage of the transfer;

(e) the stages at which each candidate was declared elected.

(2) The Returning Officer shall also prepare a result sheet showing the result at various stages of the counting.

55. Election disputes.-

(1) Where a dispute arises as to the validity of an election of a member of the Board any person interested may within seven days of the declaration of the result of the election file a petition before the Tribunal for decision of the Tribunal thereon shall be final.

(2) The election petition shall be accompanied by a court fee of Rupees one hundred.

(3) Every petition referred to in sub-section (1) shall be disposed of by the Tribunal in accordance with the procedure laid down in the Code of Civil procedure, 1908 (Central Act 5 of 1908) while trying a suit.

56. Preservation of election papers.- The nomination papers, ballot papers, declaration papers and the ballot paper covers shall be preserved in the Board Office for a period of one month after the date of declaration of the results or if any, dispute arises regarding the election, until it is disposed of. Thereafter, they may be destroyed.

57. Declaration of election of certain members.-

(1) Where the number of Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is less than or equal to the number of members to be elected from each category, such Muslim Member shall be declared to have been elected on the Board.

(2) Where the number of Muslim Members of Parliament the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board and the remaining vacancy shall be filled in the manner referred to in sub-rule (3).

(3) Where the person declared to have been elected under sub-rule (1) or sub-rule (2) is not willing to serve as a member of the Board or such member is only one the Government may after recording its reasons fill the vacancies by nominating such persons as the members of the board as deems fit under sub-section (1) of section 14.

(4) Where there are no Muslim Members in any of the categories mentioned in sub- clause 14, the ex-Muslim Members of Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoral college of the parliament, the State Legislature, the State Bar Council, as the case may be.

(5) Where the number of electors, in each category under sub-rule (4) is less than or equal to the number of members to be elected from each category such Muslim Members shall be declared to have been elected on the Board.

(6) Where the person declared to have been elected under sub-rule (5) is not willing to serve as a member of the Board or such member is only one, the Government may after recording its reason fill the vacancies by nominating such persons as the member of the Board under sub-section (3) of section 14.

58. Reservation of membership to Shia Muslim.-

(1) Where there are shia Wakfs but no separate Shia Wakf Board exist and the person elected under categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1) of section 14 or the person nominated under clause (c), (d) or (e) of sub-section (1) of section 14 is not Shia Muslim, Government shall reserve a set under sub-clause (iv) of clause (b) of sub-section (1) of section 14 to mutawallis of the Shia Wakfs having an annual income of one lakh and above:

Provided that where there is no mutawalli of the Shia Wakf having an annual income of rupees one lakh and above no seat shall be reserved for Shia Muslim under the said category.

(2) Where it is not possible to reserve a seat to Shia Muslim under sub-rule (1) one of the seats under clauses (c) to (e) of sub-section (1) of section 14 to be nominated shall be reserved to shia Muslim.

59. Publication of the appointment of Member in the Gazette.- As soon as may after the election or nomination of the member under sub-section 14 Government shall appoint such members by notification in the Gazette.

60. Expenses in connection with election.- Funds to meet all expenses in connection with the election to the Board including those in relation to the preparation of electoral roll therefore, shall be provide by the Board to the Returning Officer.

61. Election of Chairperson.-

(1) After the appointment of members of a newly constituted Board notified under section 13, the state Government shall, as soon as may arrange to fix, by giving to the members not less than ten clear day’s notice, a date for the first meeting of the Board which shall be for the election of chairman. The notice shall state the time and place of the meeting as well as the fact that at such meeting the chairman should be elected.

(2) The meeting shall be presided over by the Collector of the District in which the Office of the Wakf Board is situated or by an officer not below the rank of a Deputy Collector authorised by the Government in this behalf who shall conduct the proceedings for the election of the Chairman.

(3) The nomination of a candidate to the post of Chairman shall be made by the officer mentioned in sub-rule (2). The nomination should be seconded by another member. The voting shall be by secret ballot.

(4) A member shall have only one vote. The candidate securing the highest number vote shall be declared to have elected as Chairman.

(5) In case of a tie the names of the candidates shall be put to lot and the Chairman shall be selected from the lot.

(6) The Chairman shall be the Executive head of the Wakf Board.

62. Dispute regarding election of the Chairman.-

(1) Where a dispute arises as to the validity of election of the Chairman any member of the Board may within seven days of the declaration of the result of the election file a petition before the Tribunal for decision, and the decision of the Tribunal thereon shall be final.

(2) Every petition referred to in sub-section (1) shall be disposed of by the Tribunal in accordance with the procedure laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit.










 

 

 

 

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