The Madras High Court has clarified that in the absence of a functioning Muthawalli or active Waqf Board, the Executive Officer retains the authority to ensure uninterrupted religious and charitable activities during Ramzan by constituting a temporary volunteer committee. This ruling balances procedural gaps in Waqf governance with the imperative of preserving religious observance.
Background & Facts
The Dispute
The petitioner sought urgent intervention to ensure the proper administration of the Fazeelathunissa Begum Sahiba Mosque during the holy month of Ramzan, which commenced on 17 February 2026. The mosque currently lacks a Muthawalli, and several individuals previously associated with its management face pending allegations. The Tamil Nadu Wakf Board, though legally responsible, was not functioning effectively to appoint a governing body.
Procedural History
- The petitioner submitted a representation on 11 February 2026, requesting the constitution of an Ad Hoc Committee.
- No response was received from the respondents within the critical window before Ramzan.
- The petitioner filed a writ petition under Article 226 of the Constitution on 12 February 2026, seeking a writ of mandamus.
- The matter was listed urgently due to the imminent commencement of Ramzan.
Relief Sought
The petitioner sought a direction to the respondents to immediately constitute an Ad Hoc Committee for the limited purpose of managing religious rituals, distribution of food, and other charitable activities during Ramzan.
The Legal Issue
The central question was whether the Chief Executive Officer of the Tamil Nadu Wakf Board has the inherent authority to constitute a temporary volunteer committee to manage religious affairs at a mosque during Ramzan, in the absence of a Muthawalli and with the Waqf Board inoperative.
Arguments Presented
For the Petitioner
The petitioner’s counsel argued that the right to observe religious practices during Ramzan is protected under Article 25 of the Constitution. The failure of the Wakf Board to appoint a Muthawalli or functioning committee created a governance vacuum that threatened the community’s ability to perform essential rituals. Reliance was placed on State of Bihar v. Abdul Majid to assert that administrative inaction cannot deprive a religious community of its fundamental rights.
For the Respondent
The respondents contended that under the Waqf Act, 1995, only the Waqf Board has the statutory power to appoint an Ad Hoc Committee. The Executive Officer, they argued, is an administrative functionary without independent authority to constitute such a body. They submitted that the Superintendent of Waqfs would ensure all arrangements were made, rendering the petition redundant.
The Court's Analysis
The Court rejected the rigid interpretation that only the Waqf Board could act. It emphasized that administrative necessity and constitutional obligations under Article 25 override procedural formalities when religious observance is at stake. The Court noted that the Executive Officer, as the operational head of the Board, is vested with the duty to ensure the smooth functioning of Waqf properties, particularly during critical religious periods.
"The right to observe Ramzan with dignity and without disruption cannot be held hostage to bureaucratic inertia. The Executive Officer is not merely a clerk but the functional custodian of the Waqf’s religious and charitable purposes."
The Court further held that the Executive Officer may draw volunteers from the petitioner’s list, provided no individual against whom serious allegations are pending is included. This balances inclusivity with integrity. The Court also affirmed that the authority to act is not contingent on receiving a certified copy of the order, reinforcing the principle that practical justice must precede procedural perfection.
The Verdict
The petitioner succeeded. The Court held that the Chief Executive Officer may constitute a temporary volunteer committee to manage religious and charitable activities during Ramzan, even in the absence of a Muthawalli or formal Waqf Board functioning. The order directs immediate implementation without delay.
What This Means For Similar Cases
Volunteer Committees Are Permissible in Emergencies
- Practitioners may now invoke Article 226 to compel Executive Officers to form temporary committees when Waqf governance is paralyzed.
- Religious communities facing administrative neglect during festivals can seek urgent judicial intervention without waiting for permanent appointments.
Executive Officers Hold De Facto Authority During Crisis
- The judgment establishes that operational responsibility under the Waqf Act supersedes rigid hierarchical interpretations.
- Executive Officers must proactively safeguard religious observance, even if formal structures are absent.
Exclusion of Controversial Members Is Lawful and Necessary
- Courts will uphold the exclusion of individuals facing pending allegations from volunteer committees, even if they are community members.
- This sets a precedent for due diligence in religious governance, prioritizing community trust over mere representation.
