Authority: Supreme Court of India

Order Date: 7 October 2026

Case Overview

  • Parties: Appellant – Mangad Noorul Hidaya Committee; Respondents – Hamsa V & Ors.
  • Proceedings: Appeal filed under SLP(C) No.38532/2025 challenging the High Court judgment dated 06‑08‑2025 in CRP (Waqf) No.23/2025, which had set aside the Waqf Tribunal order and restored the original suit W.O.S. No.65/2023.
  • Original Suit: Respondents‑plaintiffs sought declaration that 88 votes kept with the Waqf Board were invalid, election of a new Committee based on the remaining 402 votes, removal of 122 members from the general body, and restriction on external members becoming general body members.
  • Tribunal Action: The Waqf Tribunal, on 22‑04‑2025, returned the plaint on the ground that it lacked jurisdiction to decide internal management matters of the society.
  • High Court Direction: The High Court, on 06‑08‑2025, set aside the Tribunal order and directed the Tribunal to decide the dispute in accordance with law.
  • Legal Question: Whether an election dispute is amenable to adjudication by the Tribunal constituted under the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
  • Counsel Submissions: Appellant argued Sections 6, 7 and 83 of the Act exclude election matters; respondents relied on Section 94 read with Section 32(3) to support the High Court’s view.
  • Statutory Interpretation: The Court examined Sections 6, 7, 32, 83 and 94 of the 1995 Act, concluding that the interim mutawalli appointed solely for conducting the election does not bring the dispute within the Tribunal’s jurisdiction.

Final Outcome

  • The Supreme Court set aside the High Court judgment on the ground of lack of jurisdiction.
  • It confirmed the Waqf Tribunal’s order returning the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908.
  • The appeal is allowed; any pending applications stand disposed of.
  • Respondents are permitted to file a civil suit within one month from receipt of this order, and such suit will be decided on its merits, not on the question of delay.

Topics: Court Jurisdiction, Waqf Tribunal, Election Dispute