Back
PRANAY VERMA
Mohd. Rehaan Sheikh – Appellant
Versus
M. P. Wakf Board – Respondent
| Table of Content |
|---|
| 1. petitioner’s removal from the waqf committee. (Para 1 , 2) |
| 2. arguments regarding due process and challenges to removal. (Para 3 , 4 , 5) |
| 3. court’s examination of statutory provisions. (Para 6 , 7) |
| 4. assessment of disqualification criteria. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. concluding order to set aside previous removal. (Para 15 , 16) |
ORDER
1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dated 23.7.2024 [Annexure P/2] passed by the Chief Executive Officer, M.P. Waqf Board, respondent, whereby he has been removed from the Post of President of District Waqf Committee, Indore.
2. As per the petitioner, he was appointed as the President of District Waqf Committee of District Indore by order dated 31.8.2023 wherein a committee of fifteen persons was constituted for overseeing the Waqf Board and committees situated at Indore. A complaint was made by one Mohammad Aslam Khan to the respondent stating that the petitioner has been convicted for offences punishable under the Gambling Act in the year 2003 and 2007 hence is not fit to continue as President of District Waqf Committee. On the basi
Removal from office requires adherence to principles of natural justice and statutory provisions, including giving a hearing and finding on moral turpitude for disqualification.
The court upheld the removal of a Chairperson from the District Waqf Committee under Section 67(6) of the Waqf Act, affirming that the Chairperson falls within the definition of 'member.'
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
The court reaffirmed the necessity for the Waqf Board to address complaints swiftly regarding trustees and upheld the process for appeal against removals, ensuring adherence to statutory provisions.
The Waqf Board has the authority to remove a Mutawalli under the Waqf Act and appoint an Executive Officer in the interest of the Waqf, affirming the integrity of procedural statutory provisions.
The court emphasized the mandatory nature of the inquiry and decision by the Board as prescribed in Section 64 of the Wakf Act, 1995, and highlighted that the mere existence of an alternative remedy ....
Point of law: It has also not been held that jurisdiction of High Court, under Article 226 of Constitution of India, is ousted merely on creation of such Tribunals.
Removal from Mutawalliship of Waqf estate – Disputed question of facts which cannot be gone into in a writ petition under Article 226 of Constitution of India.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
