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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Mohd. Shamim - Appellant
Versus
Delhi Waqf Board - Respondent
W.P.(C) 10429 of 2021
Decided On : 17-09-2021
Removal of committee members under Waqf Act requires prior show cause notice and opportunity to be heard, emphasizing procedural fairness.
Headnote:(A) Waqf Act, 1995 - Section 67 - Removal of members from the Managing Committee of a Waqf without notice - Petitioners contested removal on grounds of failure to provide a show cause notice and opportunity to be heard. The court found that the Waqf Board must comply with the statutory requirements for removal and directed issuance of an ex-post facto show cause notice and subsequent hearing. (Paras 2-5)
(B) The court clarified that the petitioners' prior appointment by the Waqf Board did not exempt them from the requirements under Section 67 of the Waqf Act, which mandates prior notice and opportunity for hearing before removal. (Para 3)
(C) Authority of an observer was assigned to maintain records during the transitional phase until a final speaking order was issued. (Paras 8-9)
Facts of the case:
The petitioners were removed from the Managing Committee of a religious management body without notice or a hearing. They argued this contravened statutory provisions requiring due process.
Findings of Court:
The court emphasized the need for a proper notice and opportunity for the petitioners to respond, leading to the order for an ex-post facto show cause notice and personal hearing.
Issues: The critical issue questioned was the application of procedural requirements under the Waqf Act regarding the removal of managing committee members.
Ratio Decidendi: The court ruled on procedural fairness, emphasizing that all members of a management body, regardless of their appointment authority, are entitled to procedural protections under the Act before removal.
Result: Petition disposed of, with directives for compliance with statutory procedures.
| Table of Content |
|---|
| 1. removal of committee members without notice challenged. (Para 1) |
| 2. debate on applicability of waqf act provisions. (Para 2 , 3) |
| 3. (Para 4 , 5 , 6) |
| 4. observer role defined until final order. (Para 8 , 9) |
| 5. judgment concluded with directives regarding procedure. (Para 10) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM. APPL. 32074/2021 (Exemption)
Exemption is allowed, subject to all just exceptions.
W.P.(C) 10429/2021 & CM APPL. 32087/2021
1. Petitioners impugn order dated 01.04.2021, whereby the Delhi Waqf Board has removed the petitioners, who were members of the Managing Committee of Dargah Hazrat Khwaja Qutubuddin Bakhtiyar Kaki (RAH), Mehrauli without giving them any show cause notice and opportunity of hearing.
2. Learned counsel for petitioner submits that Section 67 of the Waqf Act, 1995 mandates that prior to removal, a reasonable opportunity of showing causing against the proposed action is required to be taken.
3. Learned counsel appearing for Waqf Board submits that Section 67 is not applicable to the petitioners as Section 67 applies only to the Management Committee appointed by the Waqf and the admitted case of the petitioners is that they were not appointed by the Waqf but by the Waqf Board pursuant to order dated 22.09.2008 in Suit No. 151/2002, Taufiq Farooqui & Others Vs. Khwaja Syed Hilal Qutabi & Ors..
4. Learned counsel for respondent/Waqf Board without prejudice submits that the respondent shall give an ex-post facto show cause notice and an opportunity of hearing to the petitioners and thereafter, pass a speaking order.
5. In view of the above, the petition is disposed of, directing the respondent/Waqf Board to issue ex-post facto show cause notice within a period of one week enclosing therewith entire material as may be available with the Waqf Board inter alia complaints from different sections of the community about the management of the Dargah referred to in order dated 01.04.2021.
6. Reply to the show cause notice shall be filed by the petitioners within a period of within two weeks. Thereafter, an opportunity of personal hearing shall be granted to the petitioners and a speaking order passed, preferably within a period of three weeks thereafter.
7. It would be open to the petitioners to take further recourse in law in case they are aggrieved by the speaking order.
8. In the meantime, till the passing of the final speaking order, SDM, Mehrauli shall act as an observer for the purposes of observing the opening of the collection boxes. The entire collection shall be duly recorded in an account book and expenditure therefrom shall also be recorded.
9. The observer shall continue till the passing of the speaking order and thereafter continuation shall be subject to the speaking order to be passed by the Waqf Board.
10. Petition is disposed of in the above terms.
