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W.P.(C) 10693/2018, CM Nos. 41668-41669/2018
MOHD. IRSHAD Petitioner
Through: Mr. Pranav Sachdeva, Adv. with Ms. Surabhi Kumari, Adv.
DELHI AND ORS.
Respondent
Through: Mr. Santosh Kr. Tripathi, ASC (GNCTD) with Mr. Shashank Tiwari
& Mr.Rishabh Ostwal, Advs. For R-1 Mr. Bahar U. Barqi, Adv. for R-3 & 4
MOHD. IDRIS Petitioner
Through: Mr. Mahavir Sharma, Adv. with Mr. Kanwarpreet Singh, Adv.
Through: Mr. Santosh Kr. Tripathi, ASC (GNCTD) with Mr. Shashank Tiwari
& Mr.Rishabh Ostwal, Advs. For R-1 Mr. Bahar U. Barqi, Adv. for R-3 & 4
HON'BLE MR. JUSTICE V. KAMESWAR RAO
16.11.2018 CM No. 41669/2018 in W.P.(C) 10693/2018
Exemption allowedsubjectto alljust exceptions.
Application stands disposed of.
2018:DHC:9051-DB W.P.(0 10693/2018 & W.P.(n 11191/2018
ORDER
1. Vide this order, we shall dispose of the aforesaid writ petitions wherein a challenge has been made with regard to the appointment of respondent No.4 as Member and Chairperson of Delhi Waqf Board vide order / notification dated September 11,2018 / August 27, 2018.
2. An objection has been taken by the learned counsel for the respondents that the present writ petitions are not maintainable as the petitioners have an efficacious remedy of appeal before the Tribunal. We note, the provision ofthe appeal is contemplated in Sub-rule 6(1) ofRule 42 ofthe Delhi WaqfRules, 1997, which inter-alia stipulates as under;- "Where a dispute arises as to the validity ofelection ofthe Chairperson or any Member of the Board, any person interested may, within 15 days ofthe declaration ofthe result ofthe election, file apetition before the Tribunalfor decision and the decision ofthe Tribunal shallbefinal."
3. Having noted the aforesaid provision, appropriate for the petitioners is to approach the Tribunal interms ofthe stipulation referred to above, for the reliefsought for by them in these writ petitions. The writ petitions are disposed ofaccordingly. CM No. 41668/2018 in W,P.(0 10693/2018 (for stay) CM No. 43461/2018 in W,P.(0 11191/2018 (for stay) Dismissed as infiructuous.
CHIEF JUSTICE
V. KAMESwiS^O, J
NOVEMBER 16,201S/ak