Case Note & Summary
The petitioner, Shaikh Mahemud S/o Shaikh Mahebub, was appointed as a member of the Maharashtra State Waqf Board by the State Government vide notification dated 13.09.2019, under Section 14(9) read with Section 14(1)(c) of the Waqf Act, 1995, for a term of five years. However, on 04.03.2020, the State Government issued a notification cancelling his appointment, purportedly under the same provisions. The petitioner challenged this cancellation before the Bombay High Court, arguing that the Waqf Act does not confer any power on the State to cancel a member's appointment before the expiry of the term, except through specific provisions for disqualification (Section 16) or removal (Sections 19 and 20). The petitioner contended that the impugned notification was arbitrary, without reasons, and in violation of natural justice. The State Government defended the cancellation, claiming that the appointment was made subject to the condition 'until further orders' and that the power to appoint includes the power to cancel. The court analyzed the relevant provisions of the Waqf Act, 1995, and held that Section 14 deals only with the composition and appointment of the Board, not with the termination of membership. The term of office is governed by Section 15, which provides a fixed term of five years. Removal can only be effected under Section 16 (disqualification), Section 19 (removal by the Board), or Section 20 (removal by the State Government on grounds of misconduct, incapacity, etc., after following due procedure). The court noted that the impugned notification did not invoke any of these provisions and did not assign any reasons or provide any opportunity of hearing. Relying on a previous Division Bench decision in Writ Petition No. 5566 of 2015, the court held that the State Government has no power to cancel a member's appointment under Section 14. The court quashed the impugned notification dated 04.03.2020 and directed that the petitioner be reinstated as a member of the Waqf Board for the remainder of his term.
Headnote
A) Waqf Law - Appointment of Member - Cancellation of Membership - Section 14, 15, 16, 19, 20 of Waqf Act, 1995 - The State Government cancelled the petitioner's appointment as a member of the Waqf Board purportedly under Section 14(9) read with Section 14(1)(c) of the Waqf Act, 1995. The court held that Section 14 does not confer any power to cancel membership; the term of office is governed by Section 15, and removal can only be under Sections 16, 19, or 20. The impugned notification was quashed as without authority of law and violative of natural justice. (Paras 1-14) B) Waqf Law - Term of Office - Removal of Member - Section 15, 16, 19, 20 of Waqf Act, 1995 - The court held that a member of the Waqf Board is entitled to complete the term of five years unless disqualified under Section 16 or removed under Section 19 or 20. The State cannot cancel the appointment by invoking Section 14, which only deals with composition and appointment. (Paras 7-14) C) Administrative Law - Natural Justice - Cancellation Without Hearing - The impugned notification cancelling the petitioner's membership was issued without any notice or opportunity of hearing, and without assigning any reasons. The court held that such an order is arbitrary and violative of principles of natural justice. (Paras 5, 14)
Issue of Consideration
Whether the State Government has the power to cancel the appointment of a member of the Waqf Board before the expiry of the term of five years under Section 14 of the Waqf Act, 1995, without following the procedure under Sections 16, 19, or 20 of the Act.
Final Decision
The court allowed the writ petition and quashed the impugned notification dated 04.03.2020 cancelling the petitioner's appointment as a member of the Waqf Board. The court directed that the petitioner be reinstated as a member of the Waqf Board for the remainder of his term.
Law Points
- Waqf Act
- 1995
- Section 14
- Section 15
- Section 16
- Section 19
- Section 20
- cancellation of membership
- natural justice
- statutory power
- term of office
