District Waqf Committee Rewa vs M.P. Waqf Board Bhopal
2021 Latest Caselaw 4103 MP

                                  1                                WA-665-2021
        The High Court Of Madhya Pradesh
                    WA-665-2021
 (DISTRICT WAQF COMMITTEE REWA AND OTHERS Vs M.P. WAQF BOARD BHOPAL AND OTHERS)


Jabalpur, Dated : 09-08-2021
      Heard through Video Conferencing.

      Shri Amit Seth, learned counsel for the appellants.
      This writ appeal seeks to challenge the judgment of the learned Single
Bench who in the impugned order has declined to interfere with the order
dated 29.06.2021 passed by the respondent No.1 superseding the Committee

which was constituted by order dated 23.02.2021.

One of the arguments which the learned counsel for the appellants has advanced while challenging the judgment of the learned Single Bench dated 20.07.2021 passed in W.P. No.12373/2021 is that as per Section 67(6) of the Waqf Act, 1995, the Board instead of superseding the Committee constituted with reference to sub-section (2), remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interest of the Waqf.

While we are not inclined to interfere with the order of the learned

Single Bench, at the same time we set the other members except the Chairman of the superseded Waqf Committee to approach the respondent No.1- M.P. State Waqf Board by way of a representation with that request. The impugned order qua the Chairman, would however shall stand.

In the event of the other members of the Committee approaching the respondent- Waqf Board for mere substitution of the Chairman and retaining them in the reconstituted Waqf Committee vide Annexure-P/2 dated 23.02.2021, the respondent-Board may consider replacing the Chairman by another one for the remainder of the period of the Committee and to decide the representation of the appellants within a period of 15 days from the date its submission.

With the aforesaid direction, the petition stands disposed of. C.c. as per rules.

                                                                            2                WA-665-2021
                                                        (MOHAMMAD RAFIQ)       (VIJAY KUMAR SHUKLA)
                                                         CHIEF JUSTICE                    JUDGE
                                              Priya.P




Signature Not Verified
  SAN

Digitally signed by priyanka pithawe mishra Date: 2021.08.10 16:27:01 IST