Adherence to due process and principles of natural justice in inquiry is key for lawful removal under the Waqf Act.

ORDER :

P.B. BALAJI, J.

The Civil Revision Petition has been filed, challenging the order of the Tamil Nadu Waqf Tribunal dated 22.10.2025, confirming the order of the Waqf Board dated 15.10.2024.

2.The Civil Miscellaneous Appeal has been filed to set aside the order of the Tamil Nadu Waqf Tribunal dated 22.10.2025.

3.By order of the Hon’ble Chief Justice, the Civil Miscellaneous Appeal was directed to be heard along with the Civil Revision Petition and hence, both the matters have been taken up together.

4.I have heard Mr.N.A.Nissar Ahmed, learned Senior Counsel for Mr.N.A.Nassir Hussain, learned counsel for the appellants in CMA.No.3629 of 2025 and respondents 1 to 7 and 12 in CRP.No.6301 of 2025, Mr.Niranjan Rajagopalan for M/s.G.R.Associates, learned counsel for the petitioner in the revision petition and 13^th respondent in the CMA, Mrs.H.Yasmeen Ali, learned counsel for the respondents 1 to 3 in CMA and respondents 8 to 10 in revision petition, Mr.A.Raja Mohammed, learned counsel for the respondents 11, 13 to 21 in revision petition and respondents 4 to 12 in CMA.

5.Mr.N.A.Nissar Ahmed, learned Senior Counsel appearing for the appellant in CMA.No.3629 of 2025 and respondents 1 to 7 and 12 in CRP.No.6301 of 2025 would submit that a 20 Member Committee was elected on 11.09.2022, with a tenure of three years up to 10.09.2025. However, based on a complaint to the Waqf Board by the rival group, a show cause notice has been issued to the appellants and without framing any charges and not giving a fair opportunity to the appellants, the Board has removed the appellants. It is his further submission that out of the 20 elected Members, only 2 of them were put on notice and 18 others were not even put on notice or enquired and hence, the entire enquiry is vitiated and improper in the eye of law.

6.The learned Senior Counsel would further state that though an appeal was preferred before the Waqf Tribunal, the Waqf Tribunal, on an erroneous consideration of the facts, as well as legal position, rendered a finding that there is no violation of principles of natural justice and the removal of the appellants was proper and after affording them a fair opportunity. The learned Senior Counsel would however state that as against the other 18 elected Members, liberty was given to them to contest the fresh election. He would further state that the charges against the appellants in the show cause notice were not specific, but very vague and the reply given by the appellants have not been considered in a proper perspective. He would further state that the Waqf Board has relied on the report of the local fund audit, which was impermissible, as a separate procedure under Section 47 is available and admittedly, the said procedure has not been followed and without doing so, it was not open to the Board to rely on the report of the local fund audit to non-suit the appellants.

7.The learned Senior Counsel would also rely on Section 47 (1)(b) and (1)(c) of the Waqf Act, 1995 , which empowers only the Government to take action and not the Waqf Board and he would further state that there is a further remedy available under Section 48 of the Waqf Act as against any proceedings under of the Act. It is the further submission of the learned Senior Counsel that the provisions of Section 64 of the Act were not attracted in the instant case and the authorities have proceeded with a predetermined mind to remove the appellants. The learned Senior Counsel would also take me through the reply given to the various allegat