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2021 Supreme(UK) 302

MANOJ KUMAR TIWARI
Mohammad Sayeed – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
B.B. Sharma, Advocate, Vinod Nautiyal, Advocate, T.A. Khan, Advocate, Ravi Shankar Kandpal, Advocate, Neeraj Garg, Advocate, Arvind Vashishtha, Advocate, Vivek Pathak, Advocate, Siddhartha Sah, Advocate

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

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