MD. FIROZ AHMAD KHALID Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Whether a Muslim Member of the Bar Council of the State or the Union territory (hereinafter referred to as "the Bar Council"), duly elected as a Member of the Waqf Board (hereinafter referred to as "the Board") constituted under Sec. 14 of the Wakf Act, 1995 (hereinafter referred to as "the 1995 Act"), can continue to hold the said position, even after the expiry of his tenure in the Bar Council, is the short issue that arises for consideration in these appeals.

(2.) The facts of the case in a nutshell are as follows :-

(3.) Respondent No. 3 had filed Writ Petition (Civil) No. 304 of 2023 before the High Court of Manipur at Imphal, praying for the order dtd. 8/2/2023, vide which the appellant had been appointed to the Board, to be quashed. The challenge to the said order was on the ground that there is no provision under the 1995 Act, which stipulates that a Member of the Board shall cease to continue in his position, if he is no longer a Member of the Bar Council. Vide judgment and order dtd. 23/8/2023, the Single Judge dismissed Writ Petition (Civil) No. 304 of 2023 as respondent No. 3 had lost the Bar Council election held on 17/12/2022, and therefore, as per the mandate of Explanation II to Sec. 14(1)(b) of the 1995 Act, he cannot be a Member of the Board, any longer.