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RAJAN ROY, SURESH KUMAR GUPTA
Waqf Dargah Hazrat Peer Syed Mohammad Sahab – Appellant
Versus
U. P. Sunni Central Waqf Board Thru Chairman Lko. – Respondent
JUDGMENT :
1. Although there is a remedy against the impugned order before the U.P. Waqf Tribunal, Lucknow, as it is not functioning on account of vacancy on the post of presiding officer, therefore, we have entertained this petition and are deciding it with the consent of the parties.
2. Heard Shri Q.H. Rizwi, learned counsel for the opposite party Nos.1 and 2 as well as Shri Syed Aftab Ahmad, Advocate holding brief of Shri Adil Hussain, learned counsel for the opposite party Nos.3 to 5.
3. Considering the nature of the dispute, we do not propose to call for any counter affidavit in the matter.
4. The petitioners herein have challenged an order dated 16.08.2021 passed by the U.P. Sunni Central Waqf Board by which another Committee of Management/Mutwalli has been appointed.
5. The contention of the learned counsel for the petitioners is that the petitioner no.1/Committee of Management was initially appointed for three years on 22.01.2015. He says that the term of the Committee of Management was extended vide order dated 29.01.2018 w.e.f 22.01.2018 for three years. This term expired on 21.01.2021. The petitioner moved an application for extension of its term. In the meantime, as is menti
Point of Law : The provision for appointment of mutawalli is contained in the above quoted Section 63. Provision for appointment of a committee of management to manage the Waqf is also contained in S....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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.
Appointment of Waqf managing committees must comply with statutory regulations, ensuring adherence to principles of natural justice and election procedures when multiple applications exist.
Wakf Board's order cannot override traditional management norms without evidence of mismanagement.
Point of Law : The term ‘member’ is defined in Chapter 2 Clause IV which reads as follows Member” means Member of Waqf institution whose name is entered in the Register of Members.
Interim committee members' tenure ends by efflux of time and court cannot extend it; Wakf Board must decide on representation promptly.
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