BASHIRUDDIN ASHRAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was removed from his position as mutawalli of Cholam Yahia Waqf Estate on 1st September l95l, by an order passed by the Majlis constituted under the Bihar Waqfs Act, 1947 (Bihar Act of 1948) (hereinafter referred to as the Act). He appealed to the District Judge of Monghyr, as he was entitled to do under the provisions of the Act, and the operation of the order of removal passed by the Majlis was stayed by the District Judge pending the hearing of his appeal.

(2.) It has been found as a fact that the appellant failed to prepare a budget of the estimated income and expenditure of the waqf estate and to send a copy of it to the Majlis before I5th January 1952. The only question for consideration is whether the appellant's failure to comply with the provisions of S.58 (1) of the Act makes him liable to be punished under S. 65 (1). At this stage, it is necessary to set out the provisions of S. 58 of the Act which are as follows:

(3.) It was contended by the learned Advocate for the appellant that S. 58 of the Act was an invalid provision because it gave unrestricted power to the Majlis to alter or modify the budget prepared by the mutawalli without a right of appeal against the action of the Majlis altering or modifying the budget. The provisions of S. 58 imposed an unreasonable restriction on the mutawalli in carrying on his occupation as such. Accordingly, the provisions of S. 58 offended Art.19 (1) (g) of the Constitution.