Case Note & Summary
The petitioner, Asif Shaukat Qureshi, was a lawyer and former Chairman of the Bar Council of Maharashtra and Goa. He was appointed as a member of the Maharashtra State Board of Waqfs on 17 April 2012 from the category of Muslim members of the Bar Council under Section 14 of the Waqf Act, 1995. His tenure as a member of the Bar Council ended on 1 December 2015. On 26 July 2016, the State Government issued a notification declaring that the petitioner had deemed to have vacated his office as a member of the Waqf Board with effect from 1 December 2015, relying on Section 14(1)(b)(iii) of the Waqf Act, which provides that a member shall be deemed to have vacated the office if he ceases to be a member of the Bar Council. The petitioner challenged this notification. The court examined the provisions of Section 14 of the Waqf Act, which lists various categories of members of the Board. The petitioner was appointed under clause (b)(iii) of Section 14(1), which provides for appointment of one member from among the Muslim members of the Bar Council of the State. The court noted that the provision for deemed vacation under Section 14(1)(b)(iii) applies only to members who are nominated by the Bar Council, not to those appointed from among its Muslim members. The petitioner's appointment was from the latter category, and his tenure was not coterminous with his Bar Council membership. The court held that the notification was invalid and quashed it, allowing the writ petition.
Headnote
A) Waqf Law - Membership of Waqf Board - Section 14(1)(b)(iii) of Waqf Act, 1995 - Deemed Vacation - The provision that a member shall be deemed to have vacated the office if he ceases to be a member of the Bar Council applies only to members who are nominated as representatives of the Bar Council, not to members appointed from the category of Muslim members of the Bar Council. The petitioner was appointed from the latter category, and his membership was not coterminous with his Bar Council membership. (Paras 8-12) B) Waqf Law - Appointment of Members - Section 14 of Waqf Act, 1995 - Categories - The Waqf Act distinguishes between members nominated by the Bar Council and members appointed from among Muslim members of the Bar Council. The petitioner fell under the latter category, and his tenure was not linked to his Bar Council membership. (Paras 8-12) C) Waqf Law - Removal of Members - Section 14(1)(b)(iii) of Waqf Act, 1995 - Interpretation - The provision for deemed vacation applies only to members who are nominated by the Bar Council, not to those appointed from the category of Muslim members of the Bar Council. The notification declaring the petitioner to have vacated the office was therefore invalid. (Paras 8-12)
Issue of Consideration
Whether the petitioner, appointed as a member of the Maharashtra State Board of Waqfs from the category of Muslim members of the Bar Council, ceased to be a member of the Board upon ceasing to be a member of the Bar Council, and whether the notification declaring him to have vacated the office was valid.
Final Decision
The writ petition is allowed. The impugned notification dated 26/07/2016 is quashed and set aside. Rule is made absolute in those terms. No order as to costs.
Law Points
- Interpretation of Section 14(1)(b)(iii) of Waqf Act
- 1995
- Coterminous tenure
- Deemed vacation of office
- Eligibility criteria for Waqf Board members
