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M. M. SUNDRESH, RAJESH BINDAL
Md. Firoz Ahmad Khalid – Appellant
Versus
State of Manipur – Respondent
JUDGMENT :
M. M. Sundresh, J.
1. Whether a Muslim Member of the Bar Council of the State or the Union territory (hereinafter referred to as "the Bar Council"), duly elected as a Member of the Waqf Board (hereinafter referred to as “the Board”) constituted under Section 14 of the Wakf Act, 1995 (hereinafter referred to as “the 1995 Act”), can continue to hold the said position, even after the expiry of his tenure in the Bar Council, is the short issue that arises for consideration in these appeals.
2. The facts of the case in a nutshell are as follows :–
A Gazette notification had been issued by the Bar Council of Manipur on 26.12.2022, vide which the appellant in Civil Appeal No. 3797 of 2025 (hereinafter referred to as the “appellant”), had been elected as a Member of the Bar Council. Subsequently, an order was issued by the Commissioner-cum-Secretary (Minority Affairs), Government of Manipur, on 08.02.2023, appointing the appellant as one of the Members of the 7th Waqf Board Committee, in exercise of powers conferred under Section 14(1)(b)(iii) and Section 14(3) of the 1995 Act, since respondent No. 3 in Civil Appeal No. 3797 of 2025 (hereinafter referred to as “respondent No. 3”), b
(1) Membership of Wakf Board - When right accrues to a person pursuant to a position that they hold, it ultimately becomes a qualification - Once such qualification ceases to exist, that person would....
Membership of the Waqf Board under Section 14(1)(b)(iii) is not automatically terminated upon losing Bar Council membership; No-Confidence Motion requires signatures from at least half of the members....
The petitioner lacked locus standi to challenge the nomination to the Waqf Board as he failed to demonstrate any legal grievance, and the nomination complied with the Waqf Act's provisions.
Non-compliance with mandatory provisions of the Waqf Act, 1995 does not necessarily vitiate the constitution of the Waqf Board if the non-compliance is due to genuine inability to fulfill the require....
The main legal point established in the judgment is the evaluation of the vires of subordinate legislation in relation to the parent Act, emphasizing the importance of interpreting the nature and dut....
The central legal point established in the judgment is the importance of adhering to the specific criteria for the nomination of recognized scholars in Shia and Sunni Islamic Theology to the Board of....
The impugned rule restricting enrolment of advocates engaging in other professions is a reasonable restriction under the Advocates Act and Articles 19(1)(g), 14, and 21 of the Constitution, ensuring ....
Rule 7 of the Bar Council, prohibiting former judicial officers from practicing for two years in prior jurisdiction, is a reasonable restriction in public interest under Article 19(1)(g) of the Const....
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