Hon’ble Amitava Lala, ACJ.—The petitioners are outgoing Chairman and members of the Wakf Board. They have challenged the impugned order passed on 31st August, 2012, which is as follows:

“In exercise of the powers under sub-section (1) of Section 99 of the Wakf Act, 1995 (Act No. 43 of 1995), the Governor after giving reasonable time to show-cause and after considering the explanations and objections of the Uttar Pradesh Shia Central Wakf Board, hereby supersedes the said Board, from the date of publication of this notification in the Gazette, for a period of six months or up to the next order passed by the State Government in this regard, whichever is earlier.”

2. The main contention of the petitioners to challenge the same is that Section 99 of the Wakf Act, 1995 (hereinafter in short called as the “Act”) speaks that if the State Government is of the opinion that the Board is unable to perform or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply with any direction issued by the Central Government under Section 96 or the State G