( 1 ) THESE three writ appeals are from the common judgment of our learned brother Motilal B. Naik, J. , in W. P. Nos. 16111 and 16122 of 1994 setting aside the appointments of the appellants in W. A. No. 401 and 1087 of 1995 as members of the Andhra Pradesh State Wakf Board (for short "the Wakf Board") reconstituted by the Government of Andhra Pradesh in G. O. Ms. No. 74, Minorities Welfare (Wakf-I) Dated 26-8-1994 read with the errata issued in G. O. Ms. No. 75 dated 30-8-1994.

( 2 ) IN and by the above two orders, all the appellants herein had been appointed as members of the Wakf Board under Section 11 of the Wakf Act, 1954 and they were also required to elect a Chairman under subsection (2) of Section 10 of the Act.

( 3 ) W. P. No. 16111 of 1994 was filed by two persons claiming themselves to be the Muthawallis of Masjid-e-Mohammedi and Masjid-e-Kasiri at Hyderabad while W. P. No. 16122 of 1994 was filed by Anjuman-e-Shiah Imamiya Isnah Ashrai (Akhbari), claiming to be an association of Shia Muslims of Akhbari Sect, represented by its Secretary, Syed Sajjad Razvi.

( 4 ) IN W. P. No. 16111 of 1994, it was alleged, inter alia, that the reconstitution of the Wakf Board was done due to political motives keeping in view the impending general elections defeating the very purpose of the Wakf Act, that the persons appointed-"could not get the appreciation of the Muslim Community" and it was publicly reported in newspapers that the Wakf Board was reconstituted "even without the knowledge of the Minister of Wakfs and Minorities --Mohd. Ali Shabbir" and that the persons appointed do not possess the requisite qualifications prescribed under Section 11 of the Wakf Act.

( 5 ) IN W. P. No. 16122 of 1994, it was alleged, among others, that respondents 3 and 4 (appellants in W. A. No. 1087 of 1995) --Syed Aziz Azam and Mir Hadi Ali -- do not represent the majority sect (Akhbari) of the Shia community and they are incompetent and ineligible to be appointed as Members of the Wakf Board under Section 11 of the Walf Act.

( 6 ) IN the counter-affidavit filed by Sri K. Krishnanandam, Deputy Secretary to Government, while denying the allegations, it was asserted that all the persons appointed fulfilled the statutory requirements and a "full bio-data" of the members appointed was also filed as an enclosure. Meeting the allegation that the Minister of Wakfs had no knowledge about the appointments, the counter-affidavit says, "it is also not correct to state that the Board has been constituted even without the knowledge of the Hon ble Minister for Wakfs and Minorities Walfare". On the other hand, "the Board has been formed at his instance". The counter also alludes to the fact that in two earlier judgments, this Court had directed the constitution of separate Wakf Boards for Shias and Sunnis hut as those judgments are pending appeal before the Supreme Court, a composite Board was reconstituted. In the counter-affidavit filed on behalf of the A. P. State Wakf Board by its Secretary, the allegations regarding the incompetence of the persons appointed as members and the motives attributed to the Government have been specifically denied.

( 7 ) THE learned Judge posed a preliminary question; whether the Government had any material before it while appointing the persons other than respondent No. 8 -- Mohd. Shakir, M. L. A. (appellant in W. A. No. 576 of 1995) -- about their possession the requisite qualifications prescribed under Section 11 of the Wakf Act? The appointment of only respondent No. 8 -- Mohd. Shakir -- was upheld as he happened to be a sitting M. L. A. , on the date of the reconstitution of the Board and thus fulfilled the qualification prescribed under sub-clause (a) of Section 11, but all the rest were set aside on the ground that the Government had no material before it regarding their possessing the qualifications prescribed under Section 11. This conclusion was drawn by the learned Judge on the basis of the file placed be