The main legal point established in the judgment is that the scheme accepted by the Chief Executive Officer was not in line with the provisions of the Waqf Act, and the delegation of powers by the Waqf Board was not legal.

A.I.S. Cheema, J.

1. Respondent No. 2 - Chief Executive Officer of Maharashtra State Board of Waqfs passed orders (Annexure F) dated 26th February 2013, acting upon scheme dated 13th August 2012 submitted by Applicants. He accepted scheme for administration and management of "Dargah Hazrath Shahnoor Hamvi Reh. and Dargah Hazrat Shamshoddin Saheb Reh. Masjid, Khankha, Samakhana and Kabrastan, Osmanpura, Aurangabad" (hereafter referred as "Dargah") inter-alia providing for electing Managing Committee every five years. The order settling such scheme was challenged by Respondent No. 1 Baba Quereshi (hereafter referred as "Respondent") before the Maharashtra Waqf Tribunal in Waqf Appeal No. 5 of 2013. The Respondent prayed to reject the scheme and continue the managing committee which was earlier created under Section 18 of the Waqf Act, 1985 (hereafter referred as "Act") under his chairmanship. The Presiding Officer of Waqf Tribunal on 28th March 2014, partly allowed the Appeal. The impugned order of the Respondent No. 2 (hereafter referred as "Chief Executive Officer) dated 26th February 2013 settling the scheme was set aside. However, the request of the Respondent for renewal of his committee was also rejected. The present Applicants, who claim to have been elected in view of the scheme, have filed the present Revision Application challenging the order of the Waqf Tribunal.

2. To understand the controversy, few facts need reference.

The Dargah concerned does not have mutawalli but is directly under the control of the Waqf Board. Since long, Managing Committee was being appointed under Section 18 of the Act. Last period of two years of committee headed by Respondent was to expire on 4th June 2012. Respondent Baba Quereshi, President of the said managing committee submitted proposal to Respondent No. 2 Chief Executive Officer for renewal of the managing committee. The Applicants also submitted proposal under Section 18 of the Act for approval of new managing committee. Applicant No. 1-Shaikh Saleemuddin proposed himself to be the President of the said new managing committee. Chief Executive Officer heard both sides in proceeding numbered as MSBW/MISC/F.1-A-96 and by order dated 29th June 2012 (Annexure D) rejected the applications of both the parties. Clause (2) of the order reads as under:

"(2) The parties are directed to submit the scheme for approval. The decision for management of the institution will be taken on the approval of the scheme."

The Chief Executive Officer further directed the present committee to continue to look after the day to day affairs of the Waqf.

It appears that notice was published in newspaper calling objections regarding constitution of managing committee under Section 69 read with 32 of the Waqf Act. Respondent Baba Quereshi filed objections (Annexure E). The Applicants, however, submitted a scheme in view of the orders dated 29th June 2012. Chief Executive Officer considered the matter as Case No. 32/275/12 and passed orders dated 26th February 2013 (Annexure F). Vide these orders, after hearing both the sides, the Chief Executive Officer observed that the Waqf concerned was under direct control and management of the Waqf Board and that the Applicants had submitted scheme while Respondent Baba Quereshi had filed objections. He observed that there was opposition from the residents of Mohalla and the devotees and so the extension of period sought (by Respondent Baba Qureshi) could not be accepted and that it was necessary that from the residents of Mohalla and the devotees under the supervision of District Waqf Officer voters list should be prepared and from amongst them new management committee should be elected. Thus, the order states that exercising powers under Section 32 of the Act delegated to him by the Waqf Board on 10th June 2011, Chief Executive Officer was passing the orders. He dire