An advocate, had challenged the notification which was issued by the state government on march 6. The notification which was issued had eight nominees. MLA Zakir Hussain was in that list. Now the notification had been challenged before the Punjab and Haryana High court.
- A notification was issued by the state government for the election of Haryana Waqf Chairperson.
- The notification had a total of 8 nominees.
- MLA Zakir Hussian was one of the nominees.
- The notification was challenged before the Punjab and Haryana High Court.
- The argument which was advanced before the court stated that It was argued that the number of nominated members can’t be more than elected persons and in that background election for the post of chairman can’t be held.
- Further, it was argued that the government has to give a reason in the notification as to why it had nominated electoral college for the election, which was missing in this case.
- The petitioner raised an abjection that nomination of a candidate in the lawyers’ category without giving opportunity to other lawyers.
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It was alleged that these nominations were made in violation of Section 14 of the Waqf Board Act, 1995.
Section 14 in The Waqf Act, 1995
- Composition of Board. —
(1) The Board for a State and the Union territory of Delhi* shall consist of—
(a) a Chairperson;
(b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of—
(i) Muslim Members of Parliament from the State or, as the case may be, the Union territory of Delhi*,
(ii) Muslim Members of the State Legislature,
(iii) Muslim Members of the Bar Council of the State, and
(iv) mutawallis of the wakfs having an annual income of rupees one lakh and above;
(c) one and not more than two members to be nominated by the State Government representing eminent Muslim organisations;
(d) one and not more than two members to be nominated by the State Government, each from recognised scholars in Islamic Theology;
(e) an officer of the State Government not below the rank of Deputy Secretary.
(2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may be prescribed: Provided that where the number of Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board: Provided further that where there are no Muslim Members in any or the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the ex-Muslim Members of Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoral college.
(3) Notwithstanding anything contained in this section, where the State Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the State Government may nominate such persons as the members of the Board as it deems fit.
(4) The number of elected members of the Board shall at, all times, be more than the nominated members of the Board except as provided under sub-section (3).
(5) Where there are Shia wakfs but no separate Shia Wakfs Board exists, at least one of the members from the categories listed in sub-section (1), shall be a Shia Muslim.
(6) In determining the number of Shia members or Sunni members of the Board, the State Government shall have regard to the number and value of Shia wakfs and Sunni wakfs to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination.
(7) In the case of the Union territory other than Delhi, the Board shall consist of not less than three and not more than five members to be appointed by the Central Government from amongst the categories of persons specified in sub-section (1): Provided that there shall be one mutawalli as the member of the Board.
(8) Whenever the Board is constituted or re-constituted, the members of the Board present at a meeting convened for the purpose shall elect one from amongst themselves as the Chairperson of the Board.
(9) The members of the Board shall be appointed by the State Government by notification in the Official Gazette.
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For case specific advice, please contact best/top/expert High Court Chandigarh Lawyer Advocate of Punjab Haryana in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi.
More on 99888-17966.