JUDGMENT

Prakash Shrivastava, CJ. - By this public interest petition, the petitioner has prayed for a direction to the State authorities to accept model Wakf Rules, 2016 as they have failed to frame rules complying with the provisions of Wakf (amendment) act, 2013. a further prayer has been made to supercede the existing Board of Wakf, West Bengal and to take over the administration of the board by appointing administrator till the rules are reframed in terms of the amended act and a direction has been sought to reframe rules.

2. Petitioners, practicing advocates of this Court, have raised the plea that the Wakf (amendment) act, 2013 came into force with effect from 01st November, 2013 making substantial changes in respect of the constitution of the board but the present board of Wakf was reconstituted on 10th February, 2017 without complying with the original or amended Wakf act. a further plea has been raised that West Bengal Wakf Rules, 2001 were framed under the unamended act which are still continuing and have not been amended keeping parity with the provisions of Section 14(c) and 14(e) of the amended act. In this background, the prayers for framing fresh rules, superceding the Wakf board and appointing the administrator have been made.

3. Submission of learned Counsel for the petitioner is that Section 109(iv) of the act requires the State to frame rules in respect of manner of election of members of Board by means of single transferable vote but no fresh rules after the amendment have been framed. He has referred to amended Section 14 of the act and submitted that Rules of 2001 run contrary to the composition reflected in amended Section 14 of the act. He has further submitted that the model Wakf Rule, 2016 have been framed by the Central Government which are applicable till the State Government frames the rules, therefore, either the election should be held following the model rules or the present Board should be superceded and administrator should be appointed.

4. Learned advocate General appearing for the State has referred to the amended provision and has submitted that the State will ensure that the two members appointed on the Board are women and if the same does not take place through election, then the State will nominate the woman member. He has further submitted that the Rules of 2001 relating to election through single transferable vote can still apply because there is no amendment in Section 14(2) of the act. He has also submitted that draft rules have not been adopted by the State, therefore, direction to hold election in terms of the draft rules cannot be issued and that State is already in the process of framing fresh rules.

5. Learned Counsel for the Board has relied upon the judgment of the Hon'ble Supreme Court in the matters of Board of Wakf, West Bengal and another vs. anis Fatma Begum and another, (2010) 14 SCC 588 and Rashid Wali Beg Vs. Farid Pindari and Others, 2021 SCC OnLine SC 1003 and has submitted that if any dispute arises in respect of election, then the aggrieved party can approach the Wakf Tribunal.

6. Learned additional Solicitor General appearing for the Union of India has also concurred with the argument advanced by the learned advocate General.

7. Having heard the learned Counsel for the parties and on perusal of the record, it is noticed that the Wakf Board in the State is to be constituted in terms of Section 14 of the act which provides for the composition of the Board. By virtue of act 27 of 2013 with effect from 01.11.2013, Section 14 of the act has been amended and composition of the Board has changed. amended Section 14 of the act reads as under:

'14. Composition of Board. - (1) The Board for a State and the National Capital Territory shall consist of -

(a) a Chairperson;

(b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of -

(i) Muslim Members of Parliament from the State or, as the case may be, th