Bhopinder Singh Dhillon, J. - (1.) Respondent No. 1 Punjab Wakf Board was constituted under the provisions of the Wakf Act, I954 (hereinafter referred to as the Act). Under S. 11 of the said Act, Haji Anwar Ahmed Khan petitioner and respondents Nos. 3 to 13 were appointed its members by the Union of India, respondent No. 2, vide notification dated Aug. 11, 1978, copy of which is attached as Annexure P-1 with the writ petition. The tenure of the office of members so appointed is 6ve years. After the constitution of the Board, the petitioner was elected as Chairman of the respondent, Board. On January 20, 1980, a meeting of the Board was convened at Ambala. This meeting was attended by 10 out of 11 members of the Board. Petitioner Haji Anwar Ahmed Khan was removed from the office of the Chairman of the Board in that meeting, 8 members voted for the no cktn6dence motion. The petitioner voted against the no confidence motion and one of the members abstained from voting. After the petitioner was removed from the office of the Chairman of the Board, in the same meeting the members elected Khawaja Khalil Ullah, respondent No. 3 as Chairman. Out of 10 members, nine voted in his favour. The copy of the resolution passed in that meeting is appended as Annexure P-4 with the writ petition. The petitioner has challenged his removal from the office of the Chairman and so also the election of Khawaja Khalil Ullah, respondent No. 3 as Chairman of the Board against the vacancy caused by his removal on various grounds mentioned in the petition. However, at the time of arguments, the learned counsel for the petitioner has advanced only the following arguments in support of his case:- (i) That there being no provision in the Act for passing a motion of no confidence against the Chairman once he has been elected, the removal of the petitioner from the office of the Chairman vide impugned resolution is without jurisdiction. (ii) That even if it be held that a Chairman so elected under the Act could be removed by a vote of no confidence, the procedure for such removal has to be the same as prescribed under Rule 6 of the Punjab Wakf Rules 1964 (hereinafter referred to as the Rules), which is applicable of the election of the Chairman which has o take place in the first meeting of the 3oard held after its constitution. (iii) That even if the removal of the Petitioner be held to be good in law, the election of respondent No. 3 Khawaja Khalil Ullah as Chairman of the Board against the vacancy caused by the removal of the petitioner could not be held in the same meeting and the same could only be held by following a procedure as laid down under Rule 8 of the Rules framed under the Act, which Rule provides for he election of the Chairman after the Board is constituted under the Act.
(2.) With a view to appreciate the contentions raised by the learned counsel for the petitioner, the relevant provisions of the Act may be noticed. In view of Section (3)(e) of the Act, unless the context otherwise requires, "member" means a member of the Board and includes the chairman. S. 9 of the Act deals with the incorporation of the Board of Wakfs. Section 10 of the Act provides that the Board shall consist of eleven members and that there shall be a Chairman of the Board, who shall be elected by the members from congest themselves. Under S. 11 of the Act, he members of the Board shall be pointed by the State Government by a notification in the Official Gazette from any one or more of the categories of persons mentioned in this Section. S. 12 of the Act is as follows:-- "12. The members of the Board shall hold office for five years. Provided that a member shall, notwithstanding the expiration of his term of office, continue to hold office until the appointment of his successor is notified in the Official Gazette. Section 13 of the Act makes provisions for the disqualifications for being appointed or for continuing as member of the Board. Section 14 of the Act provides for the meetings of the Board. Sub-section (3) of this Section makes a provision that all questions which come before any meeting of the Board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the Chairman or in his absence any other person presiding, shall have a second or casting vote. Section 15 of the Act prescribes the functions of the Board. Ss. 17 and 18 of the said Act are as follows:-- "17. The Chairman or any other member may resign his office by writing under his hand addressed to the State Government: Provided that the Chairman or the member shall continue in office until the appointment of his successor is notified in the Official Gazette. 18(1) The State Government may, by notification in the Official Gazette, remove the Chairman of the Board or any member thereof if he-- (a) is or becomes subject to any disqualifications specified in S. 13; or (b) refuses to act or is incapable of acting or acts in a manner which the State Government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the Wakf; or (c) fails, without excuse sufficient in the opinion of the Board, to attend three consecutive meetings of the Board. (2) Where the Chairman of the Board is removed under sub-section (1), he shall also cease to be a member of the Board." Section 19 of the Act deals with the filling of a vacancy caused by the removal, resignation, death or otherwise, of a member of the Board under S. 22 of the Act, the Board will by a general or special order in writing, delegate to the Chairman or any other member or to the Secretary, any of its functions. S. 67 of the Act empowers the State Government to make rules to carry out the purposes of the Act; whereas S. 68 of the Act empowers the Board to make regulations, not inconsistent with the Act or the rules to carry out the functions under the Act with the previous sanction of the State Government.
(3.) In view of the powers conferred under Section 67 of the Act, Rules called "Punjab Wakf Rules 1964" have been framed. R. 6 of the said Rules which deals with the election of the Chairman is as follows:- "6. After the appointment of members of a newly constituted Board is notified under S. 11, the Government shall, as soon as may be, fix by giving to the members not less than ten gear days notice a date for the first meeting of the Board. The notice shall state the time and place of the meeting as well the fact that at such meeting the Chairman should be elected. The meeting shall be presided over by a member chosen by the members from amongst themselves and shall be deemed to be Validly convened meeting. The election of the Chairman shall be recorded as part of the proceedings in the minutes of the meeting.";