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A division bench of Madras High Court comprising of Chief Justice Muneeshwar Nath Bhandari and Justice Bharata Chakravarthy on Wednesday suspended the administrators of the Adhoc Board of Nagoor Dargah over misuse of the position and funds of Dargah.
The bench said, "This is nothing but misuse of the position and funds of dargah by the Adhoc Board of Administrators. Merely because the Adhoc Committee comprises a retired IAS Officer and a retired District Judge, they cannot be permitted to misuse the funds.”
The Adhoc board of administrators had filed a writ appeal using dargah money that had challenged the order of a single judge wherein the board was asked to consider the representation of one Muhalli Muthuvalli to participate in Urs festival of the Dargah. The Single Judge had also asked the Tamil Nadu Wakf Board to consider granting such permission.
In appeal, the Adhoc Board had contended that if the representation made by the Muthuvalli is accepted by the Wakf Board, it is going to affect the functioning of the dargah.
On the other hand, the Wakf board had submitted that after the judgment of the single judge they had considered the representation of the Mutually and rejected the same on 7th January. “Thus the fear expressed by the Adhoc Board no longer exists and nobody was allowed to participate in the ceremonies. It may be due to the situation obtaining due to Covid-19 and for other reasons,” the Waqf had alleged.
Taking note of these facts, court noted that "the request of Muthuvalli was rejected by the Wakf Board and the Urs festival which was organized from January 4 to 17, is already over. however, the Adhoc Board of Administrators had filed the appeal on 4th February 2022 from the funds of dargah, the court added.
Therefore, taking suo motu cognizance of the issue, court called upon the Adhoc Board of Administrators to show cause as to why they should not be discontinued and why the management.
The court further said “The Adhoc Board of Administrators is further directed to come out with an affidavit qua the total expenses incurred by them in regard to the affairs of the dargah and their own affairs.”
Lastly, while suspending the Adhoc Board, court directed the Wakf board to manage the affairs of the Dargah meanwhile. However, court added that if any mismanagement by the Wakf Board occurs, the court will itself nominate another ad hoc board.
The court had listed the suo motto cognisance for further consideration on 10th March.
Case title: Adhoc Board of Administrators Vs Muhalli Muthavalli.
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