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1975 Supreme(AP) 102
Andhra Pradesh High Court
Judges : A.R.LAKSHAMANAN
V.J.Mahamood Naina - Appellant
Versus
State OF A.P. - Respondent
Decided On : 06-30-75
The proviso to Section 12 of the Wakf Act, 1954, which allows members to continue in office until their successors are appointed, is valid and does not whittle down the main provisions of the Act. The object of the proviso is to ensure continuity of the Board and prevent any hiatus in its membership.
Headnote:
WAKF ACT, 1954 - SECTION 12, 20 - EXTENSION OF TERM OF WAKF BOARD - VALIDITY - PROVISO TO SECTION 12 - INTERPRETATION - CONTINUITY OF BOARD - PROCEEDINGS OF BOARD - VALIDITY.
Fact of the Case:
The petitioner, a member of the District Wakf Committee, Chittoor District, challenged the validity of the reconstitution of the Committee by the Andhra Pradesh Wakf Board on 10-12-1973, contending that the term of the Wakf Board itself had expired and the Government acted without jurisdiction in extending the period of that Board.
Finding of the Court:
The court held that the extension of the term of the Wakf Board by the Government under Section 12 of the Wakf Act was valid and the impugned proceedings of the Board directing the reconstitution of the Committee were also valid.
Issues: 1. Whether the Government acted without jurisdiction in extending the period of the Wakf Board beyond its term of five years? 2. Whether the proviso to Section 12 of the Wakf Act, which allows members to continue in office until their successors are appointed, is valid and can be interpreted to extend the term of the Board beyond five years? 3. Whether the proceedings of the Board directing the reconstitution of the Committee are valid despite any defects in the constitution of the Board.
Ratio Decidendi: 1. The proviso to Section 12 of the Wakf Act, which allows members to continue in office until their successors are appointed, is valid and does not whittle down the main provisions of the Act. 2. The object of the proviso is to ensure continuity of the Board and prevent any hiatus in its membership. 3. Section 20 of the Act provides that no act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. 4. Therefore, the impugned proceedings of the Board directing the reconstitution of the Committee are valid despite any defects in the constitution of the Board.
Final Decision: The Writ Petition was dismissed.
( 1 ) THE petitioner and ten others were appointed as members of the District Wakf Committee, Chittoor District for a period of three years. The Andhra Pradesh Wakf Board accorded sanction for the reconstitution of the District Wakf Committee. As the term of the Office for the District Wakf Committee expired on 1-10-1972 (sic), the Wakf Board extended the term of Office of the said committee for a further period of six months commencing from 1-10-1972 (sic) or till a new committee is reconstituted whichever is earlier.
( 2 ) THE petitioner received a copy of the proceedings of the Andhra Pradesh Wakf Board dated 10-12-1973 pertaining to the reconstitution of the District Committee for Chittoor District with effect from the date of the order. The Inspector-Auditor of Wakf, Chittoor District was directed to obtain complete change from the ex-President and hand over to the new President.
( 3 ) QUESTIONING the validity of the reconstitution of the Committee by the Board on 10-12-1973, the petitioner filed an application under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the State of Andhra Pradesh the 1st respondent, the Secretary, Andhra Pradesh Wakf Board, the 2nd respondent and the District Wakf Committee, Chittoor District, the 3rd respondent to act under the Wakf Act of 1954 and refrain from taking any action against the petitioner and other members of the District Wakf Committee constituted as per Andhra Pradesh Wakf Boards resolution dated 4-9-1969 and continued in Boards Resolution No. 17/73 dated 19-1-1973.
( 4 ) SRI S. M. Hasan, learned counsel appearing for the petitioner contended that the proceedings of the Wakf Board dated 10-12-1973 directing the reconstitution of the Wakf Committee are null and void as the term of the Wakf Board itself by then expired and the Government acted without any jurisdiction in extending the period of that Board.
( 5 ) THE learned Government Pleader contended, supported by the learned counsel for the re-constituted Committee that the re-constitution of the Committee is valid and the term of the Wakf Board also was extended legally.
( 6 ) THE Wakf Act, 1954 was enacted with a view to providing for the better administration and supervision of Wakfs. The expression Board is defined under Section 3 (c) of the Act to mean a Board of Wakf established under Sub-section (1) or as the case may be, under Sub-section (1-A) of Section 9.
( 7 ) SECTION 9 (1) provides for the establishment of a Board of Wakf through the issuance of a notification in the Official Gazette by the State Government. Under sub-section (2) of the said section, the Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.
( 8 ) SECTION 10 provides for the composition of a Board. The Board under that section shall consist of eleven members, in the case of a State and the Union Territory of Delhi and five members in the case of any other Union Territory. There shall be a Chairman of the Board who shall be elected by the members from amongst themselves.
( 9 ) UNDER Section 11, the members of the Board shall have to be appointed by the State Government by notification in the Official Gazette from the categories of persons mentioned therein.
( 10 ) SECTION 12 defines the term of office of the members of the Board and provides: ". . . . . . . . . . . . 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. " 10-A. Section 15 enumerates the various functions the Board shall have to discharge.
( 11 ) UNDER Section 10, the Board has been given the power to establish either generally or for a particular purpose or for any specified area or areas committees for t
