Case Note & Summary
The petitioner, Firoz Afzal, was appointed as Mutawalli of Masjid-E-Mahal Kallan (Sunni), a Waqf governed by the Waqf Act, 1995, on 16.04.2015. On 16.03.2016, the Karnataka State Board of Waqfs appointed an Administrator to manage the Waqf, effectively removing the petitioner. The petitioner challenged this order in W.P. No.202170/2016. During the pendency of that petition, the Board passed another order on 16.09.2016 replacing the Administrator and appointing respondent No.2 as the new Administrator. The earlier petition was disposed of on 01.12.2016 with liberty to challenge the subsequent order. The petitioner then filed the present writ petition to quash the order dated 16.09.2016. The petitioner argued that the appointment of an Administrator amounted to removal from the post of Mutawalli without following the procedure under Section 64 of the Act. The court agreed, holding that the order appointing the Administrator was illegal as it bypassed the mandatory procedure for removal of a Mutawalli under Section 64. The court quashed the impugned order and restored the petitioner as Mutawalli, with liberty to the Board to proceed in accordance with law if so advised.
Headnote
A) Waqf Law - Removal of Mutawalli - Section 64 of Waqf Act, 1995 - Appointment of Administrator - The petitioner, appointed as Mutawalli on 16.04.2015, was effectively removed by appointment of an Administrator without following the procedure under Section 64 of the Waqf Act, 1995. The court held that the order appointing the Administrator was illegal and quashed it, restoring the petitioner as Mutawalli. (Paras 1-4)
Issue of Consideration
Whether the appointment of an Administrator for the Waqf without following the procedure prescribed under Section 64 of the Waqf Act, 1995 for removal of the Mutawalli is valid.
Final Decision
The writ petition is allowed. The impugned order dated 16.09.2016 (Annexure-C) is quashed. The petitioner is restored as Mutawalli of the Waqf. The respondents are at liberty to proceed in accordance with law, if so advised.
Law Points
- Section 64 of Waqf Act
- 1995
- removal of Mutawalli
- appointment of Administrator
- natural justice
- writ of certiorari
Case Details
2017 LawText (KAR) (01) 35
Writ Petition No.206154/2016 (GM-WAQF)
S.S. Halalli, A. Syed Habeeb, P.S. Malipatil
The Karnataka State Board of Waqfs, Sri Amlan Aditya Biswas
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka State Board of Waqfs appointing an Administrator for the Waqf.
Remedy Sought
Petitioner sought a writ of certiorari quashing the order dated 16.09.2016 passed by the first respondent.
Filing Reason
The petitioner, appointed as Mutawalli, was effectively removed by the appointment of an Administrator without following the procedure under Section 64 of the Waqf Act, 1995.
Previous Decisions
Earlier, an order dated 16.03.2016 appointing an Administrator was challenged in W.P. No.202170/2016, which was disposed of on 01.12.2016 with liberty to challenge the subsequent order dated 16.09.2016.
Issues
Whether the appointment of an Administrator without following the procedure under Section 64 of the Waqf Act, 1995 for removal of the Mutawalli is valid.
Submissions/Arguments
Petitioner argued that the orders appointing Administrator amounted to removal from the post of Mutawalli without following the procedure under Section 64 of the Act.
Respondents argued that the appointment of Administrator was valid and not a removal.
Ratio Decidendi
The appointment of an Administrator without following the procedure prescribed under Section 64 of the Waqf Act, 1995 for removal of a Mutawalli is illegal and unsustainable. The order of appointment of Administrator effectively removes the Mutawalli and must comply with the statutory safeguards.
Judgment Excerpts
The orders as at Annexures - B and C amount to removal of the petitioner from the post of Mutawalli and as such, there is violation of S.64 of the Act.
The procedure prescribed under S.64 having not been followed, the impugned order cannot be sustained.
Procedural History
Petitioner appointed as Mutawalli on 16.04.2015. On 16.03.2016, Board appointed Administrator. Petitioner filed W.P. No.202170/2016. During pendency, Board passed order dated 16.09.2016 replacing Administrator. Earlier petition disposed on 01.12.2016 with liberty to challenge subsequent order. Present petition filed on 03.01.2017 and allowed.
Acts & Sections
- Waqf Act, 1995: Section 64
- Constitution of India: Articles 226, 227
