The President of a Committee of Management of a Wakf does not have a guaranteed term of 3 years and can be removed by expression of a 'No confidence' motion by the majority of the members of the Committee. The Board has the power to supervise and manage the Committee of Management to ensure effective administration of the Wakf.

JUDGMENT

N.S. Sanjay Gowda, J. - Kudachi Dargah Estate, situated at Kudachi town, Raibag Taluk, Belagavi District is a notif ied Wakf, which came under the direct management of the Board and thereafter the Board approved a Scheme of Administration for the said Wakf.

2. The said Scheme of Administration provided for election of a Committee of management and accordingly an election was conducted as per the scheme and 11 members were elected to the Committee of Management.

3. As further provided in the scheme of administration, the members of the Committee of Management elected from amongst themselves, four off ice bearers i.e., a President, a Vice President, a Secretary and a Treasurer in the elections conducted on 2.11.2017.

4. The petitioner was the member of the Committee of Management who was elected as the President of the Committee of Management of the Kudachi Dargah.

5. The District Wakf Of ficer forwarded the proceedings of the election of the Managing Committee for approval of the Karnataka State Board of Wakfs and the Administrator accorded approval to the said proposal on 09.11.2017.

6. Pursuant to the approval, a notif ication was issued on 10.11.2017 notifying the constitution of a Managing Committee comprising of 11 members with the petitioner as the President.

7. The notif ication stipulated the term of the Managing Committee would be for a period of three years or unti l further orders, whichever was earl ier. The Managing Committee was also directed to function in accordance with the provisions of the Wakf Act and s and directions issued by the Board from time to time and it was also directed to fol low certain conditions stipulated in the said notification.

8. It is the case of the petitioner that after he was elected as the President, he noticed certain wrong doings by two members of the Managing Committee, in as much as, they were found to be tenants of the Wakf property and this was an infringement of the conditions imposed by the Board whi le constituting the Committee. According to him, he was thus constrained to initiate proceedings for eviction against them and the Enquiry off icer accepted the said proposal and also issued a notice of eviction under the P.P. Act.

9. It is his case that the initiation of these proceedings against the members of the committee annoyed them and immediately a notice was issued requesting the Managing committee to cal l for an urgent meeting to express 'No Conf idence' in the Governing Body i.e., the President, Vice President, Secretary and Treasurers vide Annexure-D.

10. It is stated that pursuant to Annexure-D, the Board convened an extraordinary meeting of the Managing Committee to discuss the 'No Conf idence' expressed against the President. The notice stipulated due notice be given to the members specifying the date and venue and also agenda of the meeting.

11. The notice also stipulated that if 'No Conf idence motion' was approved, the President of the Wakf would cease to function as the President and in the very same meeting, a new President could be elected in his place. The detailed proceedings of both the resolutions were required to be submitted by the Board.

12. Pursuant to the said direction, an extraordinary meeting was convened by the District Wakf Of ficer on 18.03.2019 vide per Annexure-F. In the said extraordinary meeting, the following resolutions were passed:

RESOLUTION NO.1: No-Conf idence Motion against the President Mr.Qayyam Patayat, Kudchi Dargah Estate Kudchi, Tq: Raibag.

The said matter placed before the members present and the matter is discussed in detai l and all the six members withdrawn their support earl ier given to Qayyam Patayat for the post of President.

In view of the above the President Mr. Qayyam Patayat lost their majority support from the members of managing committee.

On eve of vacancy for the post of President the members moved the procedure for Selection of New President.

RESOLUTION NO.2: Selection of New President of Kudchi Dargah