Point of Law : The term ‘member’ is defined in Chapter 2 Clause IV which reads as follows Member” means Member of Waqf institution whose name is entered in the Register of Members.

ORDER :

Heard both side.

2. ‘Whether the impugned order of the Waqf Tribunal rejecting the application of the petitioner under Section 83(2) of the Waqf Act, 1995 (for short ‘the Act, 1995’) suffers illegality, impropriety and incorrectness?’ is the question involved in this petition.

3. Respondent No.1 is the Managing Committee of Masjid-e-Mamoor. It is governed by the Act, 1995. Prior to 06.06.2017, the respondents were governed by Karnataka Waqf Rules, 1997 (for short ‘the Rules, 1997). Under the said Rules, the Committee was constituted with the approval of respondent No.1 as per order No.KSBA/CMC/01/BNU/2017-18 dated 12.05.2017. Said Committee consisted of 11 members.

4. The Karnataka Waqf Rules, 2017 (for short ‘the Rules, 2017’) came into force on 06.06.2017. Under Rule 100 of 2017 Rules, the Rules 1997 were repealed. Section 32(1) of the Act, 1995 provides power for the general superintendence of respondent No.1 over Waqf. As per Section 32(2)(d) of the Act, 1995 it shall be the function of board to settle Schemes of the management for Waqf. Rule 48 of Rules, 2017 mandates that within six months from the date of commencement of the said Rules, Scheme of management shall be framed by the Waqf and that shall be approved by respondent No.1.

5. Rule 48 reads as follows:

“48. Scheme of Management:-within six months from the date of commencement of these Waqf Rules, the Auqaf save and expect Auqaf having their deed of waqf (waqifnama) by the waqif shall frame the Scheme of Management as required under Clause (d) of Sub-Section (2) of Section 32 of the Act in Form 42 duly approved by the Board, failing which the District Waqf Officer or any other Officer authorized by the Board shall take over management and supervision of the Waqf institution and the District Waqf Officer shall take steps to frame the scheme of management within a period of three months from such take over. While approving the Scheme of Management, the Board shall ensure that the Scheme of Management is inconsonance with the nature of Waqf.”

6. The Scheme shall be in Form No.42. If the management fails to frame the Scheme and respondent No.1 fails to approve the same within six months, an administrator has to be appointed. In view of Rule 48 of the Rules, 2017, respondent No.2 said to have convened the meeting. In compliance with Rule 48 of the Rules, 2017, respondent No.1 approved the Scheme on 22.03.2017 for the management of respondent No.2.

7. As per Clause 8 of the said Scheme there shall be Managing Committee to manage Waqf. Clause 8 (I)(c) of the said Scheme reads as follows:

“8(I)(c) PROCEDURE FOR SELECTION OF MANAGING COMMITTEE BY THE GENERAL BODY:

The existing managing Committee/ Administrator shall call for a General Body meeting by making public announcement in three consecutive Jumma Prayers before General Body meeting and on any officer from the District Waqf Office or Head Office shall be invited as an Observer to the said proceedings of the General Body meeting, they shall select the managing Committee. The names of the persons so selected in the General Body shall be attested by the observer and forwarded to the Head office for its approval.”

8. In exercise of the powers under Clause 8(I)(c) of the Scheme, respondent No.2 said to have convened General Body Meeting in the presence of District Waqf Officer, Assistant Secretary of respondent No.1 and the Waqf Inspector of respondent No.1. In the said meeting, general body unanimously selected/nominated the following 11 persons as members of the committee:

1. Mr.Mohammed Rihan Nawab S/o A.R.A.Nawab

2. Dr.Mohammed Taha Mateen S/o H.M.Abdul Azeez

3. Mr.Iqbal Ahmed Baig S/o Abdul Wahab Baig

4. Mr.Abdul Gaffar Solanki S/o Nizamuddin Solanki

5. Mr.M.Altaf Hussain S/o D.S.Syed Mazhur Ul Mulk

6. Mr.Khusro Quraishi S/o Rasheed Quraishi

7. Mr.Mohammed Zaheer S/o Abdul Ahad

8. Mr.Syed Riyazathullah S/o Al Haj Rahamathulla

9. Mr.K.N.Zubair Ahmed S/o K.M. Nazeer Ahmed

10. Mr.Mehdi Kalim S/o M.A. Kalimulla

11. Mr.Zulfikar Adil