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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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