MOHD FIRDOZ AHMED Vs. MAHARASHTRA STATE BOARD OF WAKFS
LAWS(BOM)-2016-6-173
HIGH COURT OF BOMBAY
Decided on June 20,2016

Mohd Firdoz Ahmed Appellant
VERSUS
MAHARASHTRA STATE BOARD OF WAKFS,MAHARASHTRA STATE BOARD OF WAKFS; STATE OF MAHARASHTRA; ZAINUDDIN MOHSINBHAI ZAVERI Respondents

JUDGEMENT

- (1.) Rule. Rule Made Returnable Forthwith. The Writ Petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.
(2.) By This Writ Petition, The Petitioner Seeks A Declaration That the tenure of the respondent No.3 as a member of the respondent No.1 Wakf Board was coterminus with his tenure as a Member of the State Legislative Council and he ceases to be the member of the Wakf Board on the expiry of his tenure as a Member of the Legislative Council.
(3.) The Controversy Involved In This Writ Petition Is Short And revolves around the provisions of Section 14 of the Wakf Act, 1995. The relevant provisions of section 14 of the Wakf Act read thus 14. Composition of Board. (1) The board for a State and the [the National Capital Territory of Delhi] shall consist of (a) a Chairperson; (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 (i) Muslim Members of Parliament from the State or, as the case may be, [the National Capital Territory of Delhi], (ii) Muslim Members of the State Legislature, [(iii) Muslim members of the Bar Council of the concerned State or Union territory: Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from the State or the Union territory, and;] (iv) mutawallis of the [auqafs] having an annual income of rupees one lakh and above. [Explanation I. For the removal of doubts, it is hereby declared that the members from categories mentioned in subclauses (i) to (iv), shall be elected from the electoral college constituted for each category. Explanation II. For the removal of doubts, it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in subclause (i) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under subclause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State or National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;] It is clear from the provisions of Section 14 that the Wakf Board of a State comprises of a Chairman and not more than two members from each of the electoral colleges consisting of (i) Muslim Members of Parliament from the State, (ii) Muslim Members of the State Legislature, (iii) Muslim Members of the Bar Council of the concerned State and (iii) Mutawallis of the Wakfs having an annual income of rupees one lakh and above.;


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