Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Waqf Act 1995 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Waqf Act, 1995 (43 of 1995) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Waqf Act, 1995 – The Tamil Nadu Waqf Board constituted on10.10.2017 consisted of 11 Muslim members – One Muslim Memberof Parliament; two Muslim Members of State Legislature; two seniorMuslim advocates; two Mutawallis; one person with professionalexperience; two recognized scholars of Shia and Sunni Islamictheology and one State Government Nominee – The State Governmentissued a notification dated 18.09.2019 in exercise of poweru/s. 99(1) of the 1995 Act superseding the Waqf Board – The Statewas of the opinion that two senior advocates who were nominatedas members u/s. 14(1)(b)(iii) proviso cannot be treated as electedmembers hence the number of elected members are less thannominated members resultantly, the Board is unable to perform itswork as per the Waqf Act, 1995 – The process for reconstituting theWaqf Board was initiated by order dated 14.07.2020 – Three writpetitions were filed – Two questioning the order dated 18.09.2019and one for quashing the press release dated 14.07.2020 – All thewrit petitions were decided by the High Court by the commonjudgment dated 17.08.2020 – Although, the High Court held thatsupersession dated 18.09.2019 was not in accordance with law,however, the said order was set aside insofar as the election of twopersons under Mutawallis category alone – The High Court hadquashed the order dated 18.09.2019 insofar as two members of theboard of Mutawallis constituency was concerned, process forelecting/nominating other members of the Board was untouched andwas completed – On appeal, held: s.22 is a clause which savesproceedings of the Board from invalidity due to reason only of theexistence of any vacancy or any defect in the constitution – Whenthe initially Board was constituted on 10.10.2017, the objective asenshrined in s.14 was not fulfilled even in the initial constitution,the Board has been superseded not due to any action, inaction oromission and misconduct on the part of the Board rather due tonumber of elected members becoming less than to the nominatedmembers – The order dated 18.09.2019 spells out the reason forsupersession, Member of Parliament whose term came to end inMay, 2019, other members of the Board as constituted on10.10.2017 were same, thus, the circumstance which has been takenas ground for supersession of the Board was not any action of theBoard – The event of cessation of membership of an elected memberis not under control of the Board – It was the duty of the StateGovernment to constitute the Board as per the objectives enshrinedin s.14(4) and any lapse there in cannot be a ground for supersedingthe Board – Further, the second proviso to s.99 contains aninjunction that the power of the State Government shall not beexercised unless there is a prima facie evidence of financialirregularity, misconduct or violation of the provisions of the Act –In view of the second proviso to s. 99, present was not a case whereState could have exercised its power of supersession of the Board –The High Court did not commit any error in holding supersessionas contrary to law – Insofar as setting aside the notification partiallyas regard to two elected members of the Mutawalli category isconcerned, only one category petitioners were before the HighCourt, it confined relief to that category – The High Court has notinterfered with the fresh constitution of the Board by election andnomination of other categories except the category u/s. 14(1)(b)(iv)– Thus, the order of the High Court is upheld. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 630 |
Petitioner | The State Of Tamil Nadu & Anr. |
Respondent | K. Fazlur Rahman & Anr. |
SCR | [2020] 9 S.C.R. 906 |
Judgement Date | 2020-11-03 |
Case Number | 3603 |
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