ORDER :

(Goutam Bhaduri, J.)

Heard.

1. Challenge in this petition is to the Rule 7 (a) of the Chhattisgarh State Waqf Rules, 2020 (hereinafter referred to as ‘the Rules, 2020’) that it is repugnant to Section 23 (1) of the Waqf Act, 1995 (hereinafter referred to as ‘the Act, 1995’).

2. In order to evaluate the facts the relevant provisions of Rule 7 (a) of the Rules, 2020 framed by the State of Chhattisgarh are reproduced hereinbelow:-

7. The terms and conditions of Service of Chief Executive Officer.- The appointment, terms and conditions of service of Chief Executive Officer under sub-section (2) of Section 23 of the Act shall be as given below:-

(a) There shall be a Chief Executive Officer by the Government on deputation who shall be a Muslim Government Servant not below the rank of Deputy Collector.

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3. The above Rule is claimed to be ultra vires as it goes beyond the scope of Section 23 of the parent Act, 1995. In order to adjudicate the relevant part of statute under lis, Section 23 of the Act, 1995 would also be relevant and is reproduced hereinunder:-

23. Appointment of Chief Executive Officer and his term of office and other conditions of ser