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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Akhtar Ali Rizvi, S/o. Tahar Ali Rizvi – Appellant
Versus
State of Chhattisgarh, Through Secretary, Schedule Caste And Schedule Tribe Development Department – Respondent
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:-
(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.
xxx xxx xxx
xxx xxx xxx
xxx xxx xxx
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:-
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