- (1.) Prior to its amendment by the Waqf (Amendment) Act, 2013, sub-section (1) of Section 83 of the Waqf Act, 1995 enabled the State Government to constitute Tribunals for determining any dispute, question or other matter relating to a waqf or waqf property. Under sub-section (4), the Tribunal was to consist of one person holding a rank not below that of a District, Sessions or Civil Judge, Class I in the State Judicial Service. Section 83 was amended by the Waqf (Amendment) Act, 2013) (Act No.27 of 2013). Section 44 of the Amending Act substituted the provisions of sub-sections (1) and (4) of Section 83 in the following terms: "44. Amendment of Section 83:- In Section 83 of the principal Act, (a) for sub-section (1), the following sub-section shall be substituted, namely- "(1) The State Government shall, by notification in the Official Gazette constitute as many Tribunals as it may think fit, for the determination of any, dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals." (b) for sub-section (4), the following sub-sections shall be substituted, namely- "(4) Every Tribunal shall consist of- (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of the Additional District Magistrate, Member; (c) one person having knowledge of Muslim law and jurisprudence, Member; and the appointment of every such person shall be made either by name or by designation. (4-A) The terms and conditions of appointment including the salaries and allowances payable to the Chairman and other members other than persons appointed as ex officio, members shall be such as may be prescribed."
(2.) By a notification dated 29 October 2013 published in the Gazette of India on 31 October 2013, the Central Government appointed 1 November 2013 as the date on which the provisions of the Act came into force. On 3 March 2014, in exercise of the powers conferred by sub-section (4) of Section 83, the State Government constituted two Tribunals, one at Lucknow and another at Rampur. Parliament enacted the Repealing and Amending (Second) Act, 2015 which was published in the Gazette of India on 14 May 2015. Among the amendments that were repealed included the Waqf (Amendment) Act, 2013 (Act No.27 of 2013).
(3.) The reliefs which have been sought in the writ proceedings are in the following terms: "(i) Issue an appropriate writ or direction or pass an appropriate order ABOLISHING the Waqf Tribunals established at Lucknow & Rampur; constituted and established in purported exercise of powers under Section 83 (4) of the Waqf (Amendment) Act, 2013 which stands repealed w.e.f. 14.05.2015 by the REPEALING AND AMENDING (SECOND) ACT, 2015 (NO.19 OF 2015). (ii) Issue a writ or direction or pass an order in the nature of PROHIBITION restraining the functioning of Waqf Tribunals at Lucknow and Waqf Tribunal, Rampur constituted and established in purported exercise of powers under Section 83 (4) of the Waqf (Amendment) Act, 2013 which stands repealed w.e.f. 14.05.2015 by the REPEALING AND AMENDING (SECOND) ACT, 2015 (NO.19 OF 2015).";