HAJI RAO SHARAFAT ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner before this Court is a member of Waqf Board. He was nominated as a member of Waqf Board on 15.11.2018 and now by the impugned order dated 10.06.2019 his membership has come to an end as he has been held to be disqualified in terms of Section 20 read with Section 16 of the Waqf Act, 1995.

(2.) Section 16 and Section 20 of the Waqf Act, 1995 read as under:-

(3.) The case of the petitioner is that on the earlier occasion when he was a member of the Waqf Board (for the term of five years i.e. 22.06.2010 to 22.06.2015), he was removed on 25.04.2012. The petitioner had challenged the order dated 25.04.2012 before the Waqf Tribunal where his petition was allowed and the order by which he was removed as a member of the Waqf Board was set aside by the Waqf Tribunal vide order dated 12.02.2015. Now in the present impugned order dated 10.06.2019 the only reason assigned by the respondents for holding him disqualified as a member of the Waqf Board is that he had incurred disqualification in terms of Section 16 (e) (i) read with Section 20(1) (a) of the Waqf Act, 1995, inasmuch as he was earlier removed from the member of the Waqf Board.