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AHANTHEM BIMOL SINGH
Mufti Alsam Khan – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. Heard Mr.Anjan Prasad Sahu, learned counsel appearing for the petitioners, Mr. Lenin Hijam, learned Addl. AG, appearing for the respondents No. 1 & 2, Mr. HS. Paonam, learned senior counsel appearing for the respondents No. 5, 8, 9,11& 12 and Md. Rabi Khan, respondent No. 7 appearing in-person.
The present writ petition has been filed assailing the entire process for constitution of the 7th Waqf Board, Manipur, as well as the election of the Chairperson of the Board coupled with a prayer for directing the State respondents to constitute the Waqf Board afresh as per law.
2. It has been pleaded by the petitioners in their writ petition that the entire process of constitution of the Board and the appointment of the members of the 7th Waqf Board including the Chairman is liable to be quashed and set aside on the following grounds:-
'(a) constitution of the 7th Waqf Board, Manipur was not published in the official gazette which is mandatory as per Section 14 (9) of the Waqf Act, 1995.
'(b) Two members of the Board should be women which is also not included in the formation of the Board. There is no exception to this requirement which is mandatory.
'(c) The appointment of Responden
Non-compliance with mandatory provisions of the Waqf Act, 1995 does not necessarily vitiate the constitution of the Waqf Board if the non-compliance is due to genuine inability to fulfill the require....
Membership of the Waqf Board under Section 14(1)(b)(iii) is not automatically terminated upon losing Bar Council membership; No-Confidence Motion requires signatures from at least half of the members....
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.
The main legal point established in the judgment is the importance of fair panels and the mandatory election process under Section 5(2) of the Andhra Pradesh Wakfs Managing Committee Regulations, 200....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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