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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
SHAILESH P.BRAHME
Abdul Rahman Abdul Razzaque – Appellant
Versus
Choti Masjid Trust through Chairman Mohd Afzal S/o Shaikh Budhan – Respondent
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Heard both sides finally at the admission stage.
2. Applicants are taking exception to the distinct judgment and order dated 16.06.2023 rejecting Waqf Application No.3 of 2019 and allowing Waqf Application No.38 of 2021. Applicants are the elected trustees who are aspiring for approval of their change report.
3. The respondent no.1 – Choti Masjid Trust is having registration under Maharashtra Public Trust Act. It is a waqf registered under the WAQF ACT , 1995 (hereinafter referred to as ‘the Act’ for the sake of brevity and convenience).
4. For the administration of respondent no.1, a scheme was sanctioned by judgment dated 10.07.1989 by Joint Charity Commissioner, Aurangabad, which will be referred to as the Scheme which is at Exhibit A of the paper book. The applicants were elected on 25.02.2019 as trustees for the period of five years. They had submitted change report to respondent no.2 – Waqf Board. It was approved in resolution dated 01.09.2021 by the Board. Being aggrieved, Waqf Application No.38 of 2021 was filed by respondent no.1. Against the direction issued by respondent no.2 – Board for the appointment of Election Officer, Waqf Applicati
The court clarified the electoral process for Waqf trustees, stipulating that voters must be at least 21 years old and reside in a specified vicinity, while urging the Waqf Board to ensure compliance....
The Waqf Board lacks jurisdiction to conduct elections for the Mutawalli, and any scheme not complying with Section 69's inquiry and consultation requirements is rendered void.
The Waqf Board cannot bifurcate results from common elections for multiple Waqfs; elected committees hold vested management rights despite the existence of ad hoc committees.
Direct management of a Wakf is permissible when no governing body exists due to expired terms, necessitating timely elections per amended governance rules.
The court emphasized the authority of the Wakf board to conduct elections and the specific purpose and duration of the Adhoc Committee's appointment.
The main legal point established in the judgment is the replacement of the Scheme Court by the Waqf Board as per Section 32 of the Waqf Act, 1995, and the requirement for the Official Trustee to comp....
The Waqf Board can only manage waqf under its authority if no existing court scheme is in place; otherwise, modifications require State Government action.
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