(1.) This order shall dispose of the petition filed by the petitioner under Article 226 of Constitution of India challenging the order passed by the respondent No. 3 on 10.3.2010 whereby the respondent No. 1 through its chairman is directed to retire the petitioner from the post of the secretary to the Central Wakf Council (hereinafter referred to as Council) on 31.3.2010. The petitioner has challenged the said order by way of this WP (C) No.2001/2010 Page 2 of 37 petition on several counts. The brief factual matrix of the matter leading to filing of this petition are enunciated as under:
(2.) The petitioner filed the present writ petition seeking to quash the orders passed by the respondent No. 3 on 10.3.2010 on various grounds. The petition was listed before this court on 23.3.2010 when this Court while issuing notice stayed the operation of the impugned order. The petitioner has urged several grounds in the petition which can be stated as under:
(3.) The Respondent No. 2 Mr. Ghazi Ul Islam has filed his counter affidavit stating as under :