Petition In Karnataka High Court Over 'Irregularities' In Waqf Elections

The petitioners argue the revised voter list, published on October 22, was prepared without adhering to the Karnataka Waqf Rules, 2017 and omitted eligible Mutawallis.

Bengaluru: A batch of six petitioners has approached the Karnataka High Court challenging the revised voter list for the Mutawalli (head of autonomous Waqf institutions) category elections to the Karnataka State Board of Waqf. The petition alleges serious procedural violations and manipulations in the electoral roll, accusing the authorities of favouritism and a lack of transparency.

The petitioners argue that the revised voter list, published on October 22, 2024, was prepared without adhering to the Karnataka Waqf Rules, 2017, claiming that the list omits eligible Mutawallis while arbitrarily adding others without justification. The new list drastically alters voter representation in several districts, raising concerns about biased inclusions and exclusions. For instance, Bengaluru Urban saw a reduction from 92 to 51 voters, while Belagavi's numbers inflated from 16 to 59.

"The abrupt inclusion and exclusion of Mutawallis from the voter list without proper justification not only violates the Karnataka Wakf Rules but also raises serious doubts about the fairness of the entire election process," it said.

The petition also highlights procedural lacunae, including the failure to publish a preliminary voter list or invite objections, as mandated by law. This, the petitioners assert, denied the affected individuals an opportunity to contest the changes. They further allege that the alterations benefit certain influential individuals, undermining the fairness of the election process. The electoral roll controversy follows a previous court order of October 15, 2024, which directed the authorities to revise the voter list after irregularities surfaced.

The petitioners claim the new list, published hastily, remains non-compliant with the court’s directives. They also question the exclusion of nearly 31,000 Waqf institutions, arguing that the qualifying criteria of annual income above ₹1 lakh could not realistically disqualify such a large number.

Adding to the controversy, the election process, including the appointment of a returning officer and the election schedule, was announced on the same day as the voter list, raising further doubts about the intent and transparency of the authorities.

"The lack of a preliminary voter list, absence of public objections, and a hurried election schedule strongly suggest an attempt to favour certain individuals at the expense of democratic principles," the petition said.

The petitioners sought the High Court's intervention to quash the current voter list and, if necessary, annul the elections held based on it. They demand the preparation of a fresh electoral roll that complies with the law and a fair election process. An interim prayer sought a stay on declaring the election results, scheduled for November 19, 2024, until the court decides the matter.

"We seek the Hon’ble Court's intervention to quash the flawed voter list, ensure compliance with the law, and uphold the integrity of elections by directing the preparation of a fresh electoral roll," Riyaz, a petitioner, said.

The case underscores growing concerns about the transparency and accountability in managing Waqf Board elections, with broader implications for the governance of Waqf institutions in the state.