M.H.JAWAHIRULLAH Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petitioners challenge the constitution of the Wakf Board in G.O.(2D) No.28, Backward Classes, Most Backward Classes and Minorities Welfare (T1) Department dated 31.8.2012 on the ground that requisite conditions for exercise of power by the State Government under Section 14 sub-section (3) are not satisfied and thereby challenging the appointment of members nominated under Section14(1)(b)(i) and (ii) and 14(1)(c) and 14(1)(d) and also challenging the vires of Section 14 sub-section (8) and the consequential election of Tamizhmahan Hussain as Chairperson of Tamil Nadu Wakf Board.

(2.) Since common issues are involved, all the writ petitions were heard together and shall stand disposed of by this Common Judgment. For conveniences, the respondents are referred to as per their array in W.P.No.27590 of 2012 or by their name.

(3.) Brief facts:- Section 14(1) of the Wakf Act deals with the composition of the Board. Section 14 Sub-section (2) deals with the election of members specified in Clause (b) of sub-section (1), which has to be held in accordance with system of proportional representation by means of a single transferable vote. Where, in the opinion of the State Government, it is not practicable to constitute an electoral college, Section 14 sub-section (3) empowers the State Government to nominate such members as it deem fit.