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.

1. Invoking the jurisdiction under Art.226 of the Constitution of India, a batch of Writ Petitions No.15401/2016, Writ Petition No.15418/2016, Writ Petition No.15450/2016, Writ Petition No.15457/2016, Writ Petition No.16620/2016 have been filed assailing the impugned order Annexure P / 1 dated 27.8.2016, 26.8.2016, 29.8.2016, 30.8.2016, 30.8.2016 respectively and Writ Petition No.16762/2016 has been filed assailing the impugned order Annexure P / 7 dated 2.9.2016 passed by the Chairman, Madhya Pradesh Waqf Board (hereinafter shall be referred to as ''Waqf Board''). It is also prayed that the respondent Nos.2 and 3 be commanded to convene a meeting of the Waqf Board for constitution of the Management Committee of the Waqf with further prayer to declare condition No.2 and endorsement No.2 of the impugned order as null and void.

2. Learned counsel for the petitioners contends that the impugned order has been passed in reference to the order dated 3.8.2016 passed in Public Interest Litigation bearing Writ Petition No.8961/2016 {Lateef Baig Versus M.P.Waqf Board & others} whereby this Court while disposing of the writ petition directed to the Waqf Board to constitute a Committee as per resolution dated 11.2.2008 within a period of four months from the date of receipt of certified copy of the said order. A Review Petition No.577/2016 {Arif Aquil Versus Lateef Baig & others} was filed before writ court wherein on 2.9.2016, the Court has clarified the earlier order dated 3.8.2016 passed in Writ Petition No.8961/2016 (PIL) observing that in pursuance to the resolution passed on 1 1 . 2 . 2 0 08 , Committee may not be constituted and Waqf Board shall be free to take action in accordance with law and shall dispose the application by a speaking order.

3. Learned counsel contends that the Chairman, who passed the order of appointment of Management Committee, cannot exercise the said power in view of the amendment brought in the Waqf Act on 1.11.2013 in S.27. It is urged that delegation of power of the Waqf Board mentioned under Clause (e) (g) (j) of sub-section (2) of S.32 and S.110 of the Waqf Act cannot be made to the Chairman. S.32(2)(g) of the Waqf Act confers the power of appointment and removal of Mutawalli to the Waqf Board. However, after the amendment, the power exercised by the Chairman of the Waqf Board to appoint the Managing Committee is in excess to the jurisdiction, therefore, the order impugned passed by him is illegal and liable to be quashed. It is also contended that as per S.17 of the Waqf Act, the Waqf board shall meet for the transaction of a business at such time and places as may be provided by the Regulation. The State Government framed the regulation known as Madhya Pradesh Waqf Board Regulation, 1963 published in M.P. Gazette dated 21st September, 1964. As per regulation, the meeting of the Waqf Board shall be convened by the Secretary after consultation with the Chairman for transaction of its business atleast once in every month as per the time and place specified in clause 3 of the said Regulation. As the Waqf Board has not convened its meeting from last two years, therefore, appropriate direction may be issued to convene the meetings in this regard and for appointment of Managing Committee. It is further said that as per S.68 of the Waqf Act, the charge of the Committee may be handed over within one month from the date of the order. However, granting time to handover the charge within fifteen days is not in conformity to the provisions of the Waqf Act, therefore also, in all respect, the order im