Case Note & Summary
The petitioners, ten Dawoodi Bohras, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the constitution of the Maharashtra State Board of Wakfs by the State Government. They claimed to be beneficiaries under Section 3(a) and persons interested under Section 3(k) of the Wakf Act, 1995, in relation to the Mahdi Bagh Wakf, a Shia Muslim wakf. The petitioners sought a direction to the State Government to constitute the Wakf Board legally as per Section 14 of the Wakf Act, a declaration that the existing Board was invalid, and a restraint on the Board from functioning until validly constituted. They also sought quashing of the notification dated 21/9/2006 nominating respondent no.4, Shah Tarique Anwar, a Member of Parliament, as a member of the Board. The court, after hearing the parties, found that the constitution of the Board did not comply with the mandatory requirements of Section 14 of the Wakf Act, 1995. The court allowed the petition, set aside the notification dated 4/9/2008 nominating members, and quashed the nomination of respondent no.4. The court directed the State Government to reconstitute the Board in accordance with law within a specified period.
Headnote
A) Wakf Act - Constitution of Wakf Board - Section 14 - Composition - The State Government must ensure that the Board is constituted strictly in accordance with the categories and manner prescribed under Section 14 of the Wakf Act, 1995. The impugned notification dated 4/9/2008 nominating members was set aside as it did not comply with the mandatory requirements of Section 14. (Paras 1-10)
B) Wakf Act - Nomination of Member of Parliament - Section 14(1)(b) - The nomination of respondent no.4, a Member of Parliament, as a member of the Board was quashed as it was not in conformity with the provisions of Section 14. The court held that the nomination must be from among the categories specified in the Act. (Paras 1-10)
C) Wakf Act - Beneficiary and Person Interested - Sections 3(a) and 3(k) - The petitioners, being Dawoodi Bohras and beneficiaries of the Mahdi Bagh Wakf, have locus standi to challenge the constitution of the Board. (Paras 2-3)
Issue of Consideration
Whether the constitution of the Maharashtra State Board of Wakfs by the State Government is in accordance with Section 14 of the Wakf Act, 1995, and whether the nomination of respondent no.4 as a member of the Board is valid.
Final Decision
The court allowed the writ petition, set aside the notification dated 4/9/2008 nominating members of the Maharashtra State Board of Wakfs, and quashed the nomination of respondent no.4. The court directed the State Government to reconstitute the Board in accordance with Section 14 of the Wakf Act, 1995, within a specified period.
Law Points
- Wakf Act
- 1995
- Section 14
- Section 13
- Section 3(a)
- Section 3(k)
- Article 226
- Article 227
- Constitution of India
- Doctrine of legitimate expectation
- Doctrine of proportionality
Case Details
2010 LawText (BOM) (06) 146
Writ Petition No. 3415 of 2009
B.P. Dharmadhikari, P.B. Varale
Mr. Z.A. Haq for Petitioners, Mrs. B.H. Dangre for Respondent No.1, Mr. M.G. Bhangde with Mr. R.M. Bhangde for Respondent No.2
Qamber Jeevaji and others
State of Maharashtra and others
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Nature of Litigation
Writ petition under Article 226 read with Article 227 of the Constitution of India challenging the constitution of the Maharashtra State Board of Wakfs and the nomination of a member.
Remedy Sought
Petitioners sought a direction to the State Government to constitute the Wakf Board legally as per Section 14 of the Wakf Act, 1995, a declaration that the existing Board is invalid, a restraint on the Board from functioning until validly constituted, and quashing of the notification nominating respondent no.4.
Filing Reason
The petitioners alleged that the constitution of the Maharashtra State Board of Wakfs was not in accordance with Section 14 of the Wakf Act, 1995, and that the nomination of respondent no.4, a Member of Parliament, was invalid.
Previous Decisions
The court had earlier permitted respondent no.2 Board to complete the hearing but restrained it from passing any orders in pursuance thereof on 8/4/2010.
Issues
Whether the constitution of the Maharashtra State Board of Wakfs by the State Government is in accordance with Section 14 of the Wakf Act, 1995?
Whether the nomination of respondent no.4 as a member of the Board is valid?
Submissions/Arguments
Petitioners argued that the Board was not constituted as per Section 14 of the Wakf Act, 1995, and the nomination of respondent no.4 was illegal.
Respondents contended that the Board was validly constituted and the nomination was in order.
Ratio Decidendi
The constitution of a Wakf Board must strictly comply with the mandatory provisions of Section 14 of the Wakf Act, 1995. Any deviation, including the nomination of a Member of Parliament not falling within the specified categories, renders the constitution invalid. The State Government is bound to reconstitute the Board in accordance with law.
Judgment Excerpts
This writ petition under Article 226 read with Article 227 of the Constitution of India, is before the Special Bench and in view of orders dated 8/4/2010 and 23/4/2010, it has been heard finally by consent of parties by making Rule returnable forthwith.
10 petitioners before this Court are Dawoodi Bohras and claim to be 'beneficiaries' within meaning of Section 3(a) and 'persons interested' as per Section 3(k) of the Wakf Act in relation to a wakf by name Mahdi Bagh Wakf formed by the shia muslims.
Procedural History
The writ petition was filed in 2009. On 8/4/2010, the court permitted respondent no.2 Board to complete the hearing but restrained it from passing any orders. On 23/4/2010, the court directed final hearing by consent. The judgment was reserved on 4/5/2010 and pronounced on 18/6/2010.
Acts & Sections
- Wakf Act, 1995: Section 14, Section 13, Section 3(a), Section 3(k)
- Constitution of India: Article 226, Article 227
