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AHANTHEM BIMOL SINGH, A. GUNESHWAR SHARMA
Md. Rabi Khan – Appellant
Versus
The Sate of Manipur – Respondent
JUDGMENT
A. Bimol Singh, J. - Heard Mr. B.P. Sahu, learned senior counsel assisted by Ms. H. Kunjeshori, learned counsel appearing for the appellants, Mr. M. Devananda, learned Addl. Advocate General assisted by Ms. N. Jyotsana, learned counsel appearing for the State respondents No. 1 and 2, Mr. H.S. Paonam, learned senior counsel assisted by Mr. S. Gunabanta, learned counsel appearing for the respondent No. 3 and Mr. B.R. Sharma, learned counsel appearing for the respondents No. 4 and 5 in WA No. 76 of 2023.
2. The appellants/ writ petitioners have filed the present two writ appeals challenging the legality of the common judgement and order dated 23-08-2023 passed by the learned Single Judge in WP(C) No. 1105 of 2022 and WP(C) No. 304 of 2023. The core issues to be decided in the present writ appeals are:-
(a) Whether a person who had been appointed as a member of the Waqf Board under Section 14(1)(b)(iii) of the Waqf Act, being a Muslim member of the State Bar Council, shall automatically cease to be a member of the Board when he ceased to be a member of the State Bar Council or not?
(b) Whether a No-Confidence notice which does not fulfil the condition laid down under Section 20A(b
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 petitioner lacked locus standi to challenge the nomination to the Waqf Board as he failed to demonstrate any legal grievance, and the nomination complied with the Waqf Act's provisions.
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....
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 Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
(1) Membership of Wakf Board - When right accrues to a person pursuant to a position that they hold, it ultimately becomes a qualification - Once such qualification ceases to exist, that person would....
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 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.
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