F GHOUSE MUHIDDEEN Vs. GOVT OF INDIA

JUDGEMENT

(1.) Issuance of writ is sought for directing the second respondent to induct an M.L.A. from Muslim community in the Council of Ministers of the State of Tamil Nadu.

(2.) The petitioner is an advocate and he filed this writ petition as pro bono publico representing the Muslim minority community in the State of Tamil Nadu and pleading that right from 1954 to 2001, regardless of the parties governing the State, be it Congress, D.M.K. or A.D.M.K., there was at least one Muslim Minister in all those Governments representing the Muslim minority populace of the State of Tamil Nadu and that only presently, after Dr. J. Jayalalithaa took over the reins as Chief Minister of this State on 2-3-2002, there is no representation from Muslim community in the Council of Ministers, and because of the fact of continuous Muslim representation in the Council of Ministers right from 1954 to 2001, the said custom has become a force of law under Article 13 (3) of Constitution of India. One more reason stated is that for administration of wakfs, a Minister from Muslim community is necessary, taking objection that presently, Minister for Labour is also holding the portfolio of Wakfs.

(3.) Mr. S. B. Faziluddin, learned counsel appearing for the petitioner, reiterated the said contentions, and has cited the judgment of the Supreme Court in S. C. Advocates-on-record Assocn. v. Union of India, (AIR 1994 SC 268) : (1993 AIR SCW 4101), in support of his contention. The learned counsel submits that under Article 13 of Indian Constitution, 'law' includes any ordinance, order, bye-law, rule, regulation notification custom or usage having, in the territory of India, the force of law, that because of the induction of public representatives from Muslim community in the successive Ministries, right from 1954 to 2001, a custom has been recognised to have a representative from Muslim community in the Council of Ministers in the State of Tamil Nadu, that as such, there is a fundamental right in that regard, and because of the non-inclusion of any Muslim candidate in the Council of Ministers, the said Fundamental Right is violated and he points to Article 14 in that regard. He also cited Sections 13 and 14 of Wakfs Act and basing on the same, submits that only a Muslim Minister can administer and monitor the Wakfs and a non-Muslim Minister cannot do that. Apart from the decision mentioned supra, he also relies upon the decision in Krishna Singh v. Mathura Ahir, (AIR 1980 SC 707).