AGARWALA, J. :- This is an application under S. 226 of the Constitution. The applicant All India Shia Conference is a registered Society under the Societies Registration Act 21 of 1880. It is a representative body of the Shias of India. It has been given representation on the Shia Central Waqf Board, formed under the U.P. Muslim Waqfs Act 13 of 1936. That Act created two bodies, the Shia Central Waqf Board and the Sunni Central Waqf Board to look after and manage Shia and Sunni Waqfs respectively.

Section 8 provided for the constitution of the Shia Central Board which shall consist of

(i) five members to be elected in the manner prescribed by the Shia members of the local legislature;

(ii) one member to be elected in the manner prescribed by the Executive Committee of the All India Shia Conference;

(iii) one member to be elected in the manner prescribed by the Board of Trustees of the Shia College, Lucknow;

(iv) three members to be co-opted by the above seven members from persons whom they regard as ulemas; and

(v) the President, if he is not one of the above ten members.

(2) Section 9 then provided :

"(1) If at any election of members of a Central Board the full number of five me