RANA PARWEEN SIDDIQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, a practicing advocate, has approached this Court vide the present petition under Article 226 of the Constitution of India inter alia seeking a direction to the Respondents to conduct the proposed elections for the constitution of Delhi Waqf Board by taking into account the mandate of Section 14 (1)(b)(iii) of the Waqf Act, 1995 and thereby include the representation of a Muslim member of the Bar Council of Delhi as one of the members of the electoral colleges of the Board. For the sake of convenience it may be appropriate to reproduce the prayers made by the Petitioner, which read as under:-

(2.) The Waqf Act, 1995 (hereinafter referred to as 'the Act') was enacted for better administration of Waqf and matters connected therewith. Chapter IV of the said Act, 1995, which was amended in 2013, deals with the establishment of the Waqf Board and its functions. While Section 14 deals with the composition of the Board, Section 16 thereof prescribes the term of its members to be five years as a result whereof, members of the Waqf Board are appointed after every five years, partly by election and partly by nomination.

(3.) On 27.12.2011, the Petitioner was elected as a member of the Delhi Waqf Board under Section 14 (1)(b)(iii) of the Act by virtue of her being a member of the Bar Council of Delhi. The Petitioner claims that she was subsequently elected as the Chairperson of Delhi Waqf Board, but on account of the failure on part of Respondent no.3 to issue the requisite notification, the Petitioner preferred a writ petition being W.P.(C)No.4226/2015 before this Court.