Case Note & Summary
The petitioner, Mohd. Firdoz Ahmed, filed a writ petition before the Bombay High Court seeking a declaration that the tenure of respondent No.3, Shri Zainuddin Mohsinbhai Zaveri, as a member of the Maharashtra State Board of Wakfs (respondent No.1) was co-terminus with his tenure as a Member of the State Legislative Council. The petitioner contended that upon the expiry of respondent No.3's term as MLC, he ceased to be a member of the Wakf Board. The controversy centered around the interpretation of Section 14 of the Wakf Act, 1995, which deals with the composition of the Board. The court examined the relevant provisions and noted that respondent No.3 was a Muslim Member of the State Legislature and had been elected as a member of the Wakf Board from the electoral college of Muslim Members of the State Legislature. The court held that the tenure of such a member is co-terminus with his membership in the Legislature. Consequently, upon the expiry of his term as MLC, respondent No.3 ceased to be a member of the Wakf Board. The court allowed the writ petition and declared that respondent No.3's membership in the Wakf Board ended with his legislative term. The court also directed that the Board may take steps to fill the vacancy in accordance with law.
Headnote
A) Wakf Law - Composition of Board - Section 14 of Wakf Act, 1995 - Co-terminus Tenure - The tenure of a member of the Wakf Board who is a Muslim Member of the State Legislature is co-terminus with his membership in the Legislature. Upon expiry of his term as MLC, he ceases to be a member of the Wakf Board. The court held that the respondent No.3, who was a Muslim Member of the Legislative Council, ceased to be a member of the Maharashtra State Board of Wakfs on the expiry of his tenure as MLC. (Paras 2-6)
Issue of Consideration
Whether the tenure of a member of the Wakf Board, who is a Muslim Member of the State Legislature, is co-terminus with his membership in the Legislature, and whether he ceases to be a member of the Wakf Board upon expiry of his legislative term.
Final Decision
The writ petition is allowed. It is declared that the tenure of respondent No.3 as a member of the Maharashtra State Board of Wakfs was co-terminus with his tenure as a Member of the State Legislative Council and he ceased to be a member of the Wakf Board on the expiry of his tenure as MLC. The Board may take steps to fill the vacancy in accordance with law. Rule made absolute with no order as to costs.
Law Points
- Interpretation of Section 14 of Wakf Act
- 1995
- Co-terminus tenure of ex-officio members
- Cessation of membership upon loss of original office
