T.A. AHAMMED KABEER S/O. AHAMMED, AGED 61 YEARS, MEMBER OF LEGISLATIVE ASSEMBLY, TAZNI MANZIL 57, UNITY ROAD, CHANGAMPUZHA NAGAR, KOCHI Vs. STATE OF KERALA REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN

JUDGEMENT

(1.) - Is the term of Muslim Members of the State Legislature as a Member of the Wakf Board of the State co-terminus with the dissolution or expiry of the State Legislative Assembly

(2.) Ext.P6 order of the State Government appointing a Returning Officer for the conduct of election to the Wakf Board of the State from the Muslim Members of the State Legislature is impugned. The petitioner was so elected from the Muslim Members of the 13th Kerala Legislative Assembly by Ext.P1 notification of the State dated 20.10.2014. It is the case of the petitioner that he is entitled to hold office as a Member of the Wakf Board of the State for the full term of five years. The petitioner points out that his full term runs from 20.10.2014 to 19.10.2019 referring to Sec. 15 of the Wakf Act, 1995 ['the Act' for short]. The petitioner asserts that his term cannot be cut short and that Ext.P6 order appointing a Returning Officer for the conduct of election is illegal and liable to be quashed.

(3.) The State Government points out that the petitioner was elected from the Muslim Members of the 13th Kerala Legislative Assembly which was dissolved by Ext.P3 notification of the Governor dated 20.5.2016. The petitioner has of course been re-elected and has become a Muslim Member of the 14th Kerala Legislative Assembly constituted by Ext.P4 notification of the Election Commission dated 20.5.2016. The petitioner has in the interregnum ceased to be a Member of the State Legislature and deemed to have vacated the office of the Member of the Wakf Board of the State in law. The petitioner has again to be re-elected from the electoral college comprising of the Muslim Members of the 14th Kerala Legislative Assembly for him to remain as a Member of the Wakf Board of the State.