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NARENDRA KUMAR VYAS
Mohd. Israel, S/o. Shri Mohd. Ismail – Appellant
Versus
State of Chhattisgarh Through Secretary, Department of Tribal and Schedule Caste Welfare – Respondent
ORDER :
Narendra Kumar Vyas, J.
1. The petitioner has filed this writ petition under Article 226 & 227 of the Constitution of India for quashing appointment vide notification dated 05.07.2024 issued by State Government by which respondent No. 3 has been nominated as Member in respondent No. 2/Chhattisgarh Waqf Board and also for issuance of direction to the respondent authorities to appoint members as per Section 14(1)(b)(iv) of the Waqf Act, 1995 (for short “the Act, 1995”).
2. The brief facts as reflected from records are that the petitioner is working as 'Mutawalli' of Masjid Juna Bilaspur Waqf since 1997 which is duly recognized and registered under the relevant provisions of the Act, 1995. The Waqf Board has been constituted as per Section 13 of the Act, 1995, Section 14 of the Act, 1995 provides composition of Board, Section 15 provides terms of office which is five years from the date of notification referred to in Sub-Section (9) of Section 14 of the Act, 1995, Section 16 provides disqualification for being appointment or for continue as a member of the Board. It has been further contended that various members of the Board have been appointed as per the provisions of Section 1
The petitioner lacked locus standi to challenge the nomination to the Waqf Board as he failed to demonstrate any legal grievance, and the nomination complied with the Waqf Act's provisions.
The central legal point established in the judgment is the importance of adhering to the specific criteria for the nomination of recognized scholars in Shia and Sunni Islamic Theology to the Board of....
Non-compliance with mandatory provisions of the Waqf Act, 1995 does not necessarily vitiate the constitution of the Waqf Board if the non-compliance is due to genuine inability to fulfill the require....
The main legal point established in the judgment is the interpretation and application of the qualifications and eligibility criteria for the appointment of members under Section 14 of the Waqf Act, ....
Membership of the Waqf Board under Section 14(1)(b)(iii) is not automatically terminated upon losing Bar Council membership; No-Confidence Motion requires signatures from at least half of the members....
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.
The Chairman of the Waqf Board has the authority to appoint a new Management Committee post supersession based on the provisions of the Waqf Act.
The appointment of Mutawalli for the Wakfs is governed by custom and usage and should be held as a hereditary right by only the family members belonging to Mookane family. The Wakf Act, 1995 recogniz....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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