- (1.) THE petitioner in this writ petition has sought for quashing of Annexure-E issued by the Divisional Commissioner rejecting his application for the nomination as a member of the Wakf Board. The petitioner is an Advocate whose name has been entered on the roll of Advocates maintained by the Karnataka State Bar Council. Consequent on the coming into force of the Wakf Act, 1995, the Divisional commissioner, Bangalore Division, Bangalore, published a notification dated 30-4-1998 (Annexure-A) for information of the persons eligible to get themselves registered as voters of the different electoral colleges as provided under Section 14 (2) of the Wakf Act. In response to the notification the petitioner filed an application in Form No. 4 and 4-A to get himself registered as voter. The said application was rejected by the divisional Commissioner stating that the petitioner is not a member of the Bar Council so as to get himself registered as voter of the electoral rolls for the purpose of composition of the Board under Section 14 (1) (b) (iii) of the Wakf Act. This rejection is under challenge by the petitioner in this petition.
(2.) SRI S. P. Shankar, learned Counsel for the petitioner submitted that the petitioner is a practising Advocate whose name has been included in the roll of Advocates maintained by the Bar Council and therefore the Divisional Commissioner is not justified in rejecting the application of the petitioner for inclusion of his name in the electoral rolls as voter. In order to appreciate this contention, it is useful to refer to some of the provisions of the Wakf Act and Advocates Act, 1961.
(3.) SECTION 14 (1xb) (iii) of the Wakf Act reads as follows "14. Composition of Board (1) The Board for a State and the Union Territory of Delhi shall consist of (b) one and not more than two members, as the State government may think fit, to be elected from each of the electoral colleges consisting of (iii) Muslim Members of the Bar Council of the State, and. . . (2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may be prescribed". ;