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2004 Supreme(Mad) 1354

P.D.DINAKARAN
P. A. G. Hassain Moulana – Appellant
Versus
The Union of India rep. by the Secretary & Others – Respondent


Advocates Appeared:For The Petitioner:J.K.Abdul, Advocate. For The Respondents:M.T.Arunan, ACGSC - R1, P.S.Jayakumar, G.A.-R 2, R3, M.Munir Sheriff, Advocate.

Judgment :-

The petitioner challenges Section 14(1)(b)(iv), 14(1)(c) and 14(1)(d) of the Wakf Act as unconstitutional. These provisions reads as follows:

Section 14(1)(b)(iv): mutawallis of the wakfs having an annual income of rupees one lakh and above;

Section 14(1)(c) : one and not more than two members to be nominated by the State Government representing eminent Muslim organisations; and

Section 14(1)(d): one and not more than two members to be nominated by the State Government, each from recognised scholars in Islamic Theology.

2. According to the learned counsel appearing for the petitioner Section 14(1)(b)(iv) of the Wakf Act is unconstitutional because a mere annual income of rupees one lakh and above cannot be a reasonable qualification to consider the mutawalli, who could be a member of the Board for a State. According to him, the qualification such as education in degree and post graduation alone be a consideration.

3. I am not able to appreciate the said contention. As per Section 3(r) of the Wakf Act,

'Wakf' means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or cha






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