The main legal point established in the judgment is the interpretation and application of the qualifications and eligibility criteria for the appointment of members under Section 14 of the Waqf Act, 1995.

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner claims to be the Deputy Secretary of Management Committee of Jama Masjid, Haldwani (Nainital). According to him, respondent nos. 3 to 6 are not qualified for appointment as Member of Uttarakhand Waqf Board, constituted under Waqf Act, 1995 (hereinafter referred to as the "Act"). He asserts that this writ petition is being filed by him in his personal capacity as well as in representative capacity on behalf of Sunni Muslim Community.

2. During the course of argument, learned counsel for petitioner made a statement that petitioner is giving up challenge to appointment of respondent no.3, as respondent no.3 has now been appointed under a category different from the one, in which he was earlier appointed.

3. Since the controversy raised by the petitioner revolves around Section 14 of the Waqf Act, therefore, the same is reproduced below:-

"14. Composition of Board.-(1) The Board for a State and [the National Capital Territory of Delhi] shall consist of

(a) a Chairperson;

(b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of

(i) Muslim Members of Parliament from the State or, as the ca may be, [the National Capital Territory of Delhi],

(ii) Muslim Members of the State Legislature, [(iii) Muslim members of the Bar Council of the concerned State or Union territory: Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory.]

(iv) mutawallis of the waqfs having an annual income of rupees one lakh and above;[

Explanation I.-For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category.

Explanation II-For the removal of doubts it is hereby declared that in case a Muslim member cease to be a Member of Parliament from the State of National Capital Territory of Delhi as referred to in sub-clause (i) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under sub-clause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State or National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;]

[(c) one person from amongst Muslims, who has professional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the State Government;

(d) one person each from amongst Muslims, to be nominated by the State Government from recognised scholars in Shia and Sunni Islamic Theology;

(e) one person from amongst Muslims, to be nominated by the State Government from amongst the officers of the State Government not below the rank of Joint Secretary to the State Government;]

[(1A) No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board:

Provided that in case of a Union territory, the Board shall consist of not less than five and not more than seven members to be appointed by the Central Government from categories specified under sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1):

Provided further that at least two Members appointed on the Board shall be women:

Provided also that in every case where the system of mutawalli exists, there shall be one mutawalli as the member of the Board.]

(2) Election of the members specified in clause

(b) of sub-section (1) shall be held in accordance with the system of proportional representation by means of a single transfer