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Will not directly entertain cases under Wakf Act, parties should first approach Wakf Tribunal: Kerala High Court

The Court passed the judgment on a writ petition in case concerning elections to a Juma-ath committee. A Wakf Board order for the appointment of a returning officer had been challenged by the writ petition.

However, the High Court refused to entertain the plea, pointing out that the Wakf Tribunal has jurisdiction under the Wakf Act to deal with the appeal against the Wakf Board.

” When the legislature has provided for a statutory mechanism, the high court ought, under normal circumstances to refer to such statutory scheme. We do not find any reason at all for entertaining this writ petition, more so when nothing is pleaded or shown as to why the alternate remedy available is not efficacious,” the Court said.

Source: Barandbench

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