Bombay High Court
Mohd. Firdoz Ahmed S/O. Abdul Hai vs The Maha. State Board Of Wakfs, ... on 20 June, 2016
Bench: V.A. Naik
1/6 2006wp1694.16-Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1694 OF 2016
PETITIONER :- Mohd. Firdoz Ahmed s/o Abdul Hai, aged
about 45 years, occ.-Business, R/o:
Lakadganj, Tahsil: Kamptee and District:
Nagpur.
...VERSUS...
RESPONDENTS :- 1. The Maharashtra State Board of Wakfs,
Aurangabad, through its Chief Executive
ig Officer, "Panchakki", Aurangabad.
2. The State of Maharashtra, through its
Secretary, Minorities Development
Department, Mantralaya, Mumbai - 32.
3. Shri Zainuddin Mohsinbhai Zaveri, Member,
Maharashtra State Board of Wakfs, Aged
about : Major, Occupation : Social, R/o:
Opposite Mount Convent School, Shastri
Nagar, Chandrapur.
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Mr. F. V. Fulzele, counsel for the petitioner.
Mr. F. T. Mirza, counsel for the respondent No.1.
Ms.Ritu Kalia, Asstt.Govt.Pleader for the respondent No.2.
Mr. A. S. Kilor, counsel for the respondent No.3.
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CORAM : SMT. VASANTI A. NAIK &
MRS.SWAPNA JOSHI, JJ.
DATED : 20.06.2016
O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)
Rule. Rule made returnable forthwith. The writ petition
is heard finally at the stage of admission with the consent of the learned
counsel for the parties.
2/6 2006wp1694.16-Judgment
2. By this writ petition, the petitioner seeks a declaration that
the tenure of the respondent No.3 as a member of the respondent No.1-
Wakf Board was co-terminus with his tenure as a Member of the State
Legislative Council and he ceases to be the member of the Wakf Board
on the expiry of his tenure as a Member of the Legislative Council.
3. The controversy involved in this writ petition is short and
revolves around the provisions of Section 14 of the Wakf Act, 1995.
The relevant provisions of section 14 of the Wakf Act read
thus -
14. Composition of Board. - (1) The board for a State and the
[the National Capital Territory of Delhi] shall consist of -
(a) a Chairperson;
(b) one and not more than two members, as the State
Government may think fit, to be elected from each of the electoral
colleges consisting of -
(i) Muslim Members of Parliament from the State or,
as the case may be, [the National Capital Territory of Delhi],
(ii) Muslim Members of the State Legislature,
[(iii) Muslim members of the Bar Council of the
concerned State or Union territory:
Provided that in case there is no Muslim member of the Bar
Council of a State or a Union territory, the State Government or
the Union territory administration, as the case may be, may
nominate any senior Muslim advocate from the State or the Union
territory, and;]
(iv) mutawallis of the [auqafs] having an annual
income of rupees one lakh and above.
3/6 2006wp1694.16-Judgment
[Explanation I. - For the removal of doubts, it is hereby
declared that the members from categories mentioned in sub-
clauses (i) to (iv), shall be elected from the electoral college
constituted for each category.
Explanation II. - For the removal of doubts, it is hereby
declared that in case a Muslim member ceases to be a Member of
Parliament from the State or National Capital Territory of Delhi as
referred to in sub-clause (i) of clause (b) or ceases to be a Member
of the State Legislative Assembly as required under sub-clause (ii)
of clause (b), such member shall be deemed to have vacated the
office of the member of the Board for the State or National Capital
Territory of Delhi, as the case may be, from the date from which
such member ceased to be a Member of Parliament from the State
or National Capital Territory of Delhi, or a Member of the State
Legislative Assembly, as the case may be;]
It is clear from the provisions of Section 14 that the Wakf
Board of a State comprises of a Chairman and not more than two
members from each of the electoral colleges consisting of (i) Muslim
Members of Parliament from the State, (ii) Muslim Members of the
State Legislature, (iii) Muslim Members of the Bar Council of the
concerned State and (iii) Mutawallis of the Wakfs having an annual
income of rupees one lakh and above.
4. The respondent No.3 was a Member of the Legislative
Council and was declared to be elected as a member on the Wakf Board
by the Notification, dated 03/05/2012. The Notification mentions that
the respondent No.3 was duly declared elected from the electoral
4/6 2006wp1694.16-Judgment
college of Muslim Members of the State Legislature of Maharashtra as a
Member of the Maharashtra State Board of Wakfs. It is not in dispute
that the respondent No.3 was elected under Section 14 (1)(b)(ii) of the
Act. The respondent No.3 ceased to be the Member of the Legislative
Council on the expiry of his term on 19/06/2012. Despite, the fact that
the respondent No.3 ceased to be the Member of the Legislative Council
on 19/06/2012, the respondent No.3 continues to function as the
member of the Wakf Board.
5.
According to the petitioner, since the tenure of the
respondent No.3 as a Member on the Wakf Board was co-terminus with
his tenure as the Member of the Legislative Council, the respondent
No.3 ceased to be the Member of the Wakf Board from 20/06/2012. It
is stated that though the provisions of Explanation-II to Section 14 (1)
of the Act stipulate that a Member of the Wakf Board shall be deemed
to have vacated the office no sooner than he ceases to be a Member of
the State Legislative Assembly, the respondent No.3 has continued to
act as a Member of the Wakf Board. It is stated that a declaration that
the respondent No.3 ceases to be a Member of the Board be made, as he
ceases to be the member of the Legislative Council.
6. The counsel for the respondent No.3 has opposed the
prayer made in the writ petition. It is stated that the term of office of a
Member of the Wakf Board is for a period of five years and since the
respondent No.3 was declared to be elected as a Member of the Wakf
5/6 2006wp1694.16-Judgment
Board by the Notification dated 03/05/2012, the respondent No.3 is
entitled to continue till 02/05/2017.
7. On a reading of the provisions of Section 14 of the Act,
specially the Explanation-II to Section 14 thereof, it appears that the
respondent No.3 is deemed to have vacated the office of the Member of
the Wakf Board on 19/06/2012, the day, on which he ceased to be a
Member of the Legislative Council. Section 14 provides for the election
of the members from four electoral colleges namely, (i) the Muslim
Members of the Parliament from the State, (ii) the Muslim Members of
the State Legislature, (iii) the Muslim Members of the Bar Council of
the concerned State and (iv) the Mutawallis of the Wakfs having annual
income of rupees one lakh and above. Admittedly, the respondent No.3
was elected from the electoral college of the Muslim Members of the
State Legislature. The respondent No.3 was a Member of the Legislative
Council and was elected as a member of the Wakf Board in terms of the
provisions of Section 14 (1)(b)(ii) of the Act. The respondent No.3
ceased to be the member of the Legislative Council on the expiry of the
term, on 19/06/2012. In view of Explanation-II to Section 14 (1) of the
Act, the respondent No.3 is deemed to have vacated the office of the
member of the Wakf Board with effect from 19/06/2012, since he
ceased to be a member of the Legislative Council on that day. As
Explanation-II to the provisions of Section 14 (1) of the Act was
inserted only for the purpose of removal of doubts and it was made
clear that a Member of Parliament or a Member of the State Legislative
6/6 2006wp1694.16-Judgment
Assembly would be deemed to have vacated the office of the member of
the Wakf Board from the date from which he ceases to be a Member of
Parliament from the State or a Member of State Legislative Assembly,
the respondent No.3 is deemed to have vacated the office as the
member of the Wakf Board with effect from 20/06/2012. The
respondent No.3 could not have continued to function as a member of
the Wakf Board after he ceased to be a Member of the Legislative
Council as his tenure on the Wakf Board was co-terminus with his
tenure as a Member of the Legislative Council. The respondent No.3
cannot continue as the member of the Wakf Board till the completion of
the normal tenure of five years as per Section 15 of the Act as he ceases
to be a member of the Board, no sooner than he ceases to be the
Member of the Legislative Council in view of the provisions of
Explanation-II to Section 14(1) of the Act. A declaration, as sought by
the petitioner, would be necessary.
8. Hence, for the reasons aforesaid, the writ petition is
allowed. It is hereby declared that the respondent No.3 has ceased to
be the member of the Wakf Board with effect from the date on which he
ceased to be the Member of the Legislative Council. Rule is made
absolute in the aforesaid terms. No costs.
JUDGE JUDGE
KHUNTE
