REGENT COMPUTRONICS PVT. LTD.

AMIR ALAM KHAN Appellant

V/S

STATE OF UTTAR PRADESH Respondents

Referred Judgements :-

AJAI SINGH V. STATE OF U.P. [REFERRED TO]
HAJI ABDUL GUFOOR BUX V. STATE OF U.P. [REFERRED TO]
INDIRA NEHRU GANDHI V. SHRI RAJ NARAYAN [REFERRED TO]
COMMISSIONER OF INCOME-TAX V. TAJ MAHAL HOTEL [REFERRED TO]
INDIAN IMMIGRATION TRUST BOARD OF NATAL V. GOUNDASAMY [REFERRED TO]
VANGUARD FIRE AND GENERAL INSURANCE CO LIMITED MADRAS VS. FRASER AND ROSS [REFERRED TO]
LEKHRAJ S LALVANI VS. N M SHAH DEPUTY CUSTODIAN CUM MANAGING OFFICER BOMBAY [REFERRED TO]
BOOL CHAND VS. CHANCELLOR KURUKSHETRA UNIVERSITY [REFERRED TO]
SUKHDEV SINGH THE OIL AND NATURAL GAS COMMISSION THE L 1 C LIMITED THE INDUSTRIAL FINANCE CORPN EMPLOYEES ASSOCIATION VS. BHAGATRAM SARDAR SINGH RAGHUVANSHI:THE ASSOCIATION OF CLASS II OFFICERS 0 N G C:SHYAM LAL SHARMA:THE INDUSTRIAL FINANCE CORPN [REFERRED TO]
JAGIR SINGH GOEL ROADWAYS VS. STATE OF BIHAR [REFERRED TO]
S S DHANOA VS. MUNICIPAL CORPORATION DELHI [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ESCORTS LIMITED [REFERRED TO]
MOHANLAL TRIPATHI VS. DISTRICT MAGISTRATE RAI BAREILLY [REFERRED TO]
P KASILINGAM VS. P S G COLLEGE OF TECHNOLOGY [REFERRED TO]
V RAJARAMAN VS. HINDUSTAN BROWN BOVERI LIMITED [REFERRED TO]
GHANSHYAM SINGH VS. UNION OF INDIA [REFERRED TO]
N VENKATARATNAM NAIDU VS. DISTRICT COLLECTOR NELLORE [REFERRED TO]
NARAYAN NAIR VS. JOINT REGISTRAR OF CO OP SOC [REFERRED TO]
JAGDEV SINGH VS. REGISTRAR CO OPERATIVE SOCIETIES HARYANA [REFERRED TO]

JUDGEMENT

(1.) The question, which requires consideration in the present writ petition is as to whether the Chairperson of the U.P. Sunni Central Board of Waqf, U.P. hereinafter called as the 'Board', which is elected by the nominated and elected members of the Board, can function, only as long he enjoys the confidence of the members, who have elected him, or can be subjected to power of amotion under the Common Law, in the absence of any statutory provision in the Waqf Act, 1995.

(2.) Before replying to the aforesaid question, it would be relevant to deal with the factual matrix as set out in the writ petition.

(3.) On 22-4-1999, Government of U.P. issued a notification constituting the 'Board' The 'Board' consists of thirteen members, out of which seven members were elected from various constituencies and six are nominated. On 22-7-1999, Mr. Amir Alam Khan, the petitioner was elected as the Chairperson of the Board by the elected and nominated members of the Board. On 17-1-2000, the members of the Board expressing no-confidence against the Chairperson ceased all his powers, which were earlier delegated to him. The meeting was attended by seven members of the Board, who put up their signature on the said motion, which was forwarded to the Secretary, Minority Welfare and Waqf, Vidhan Sabha Marg, Lucknow demanding that the Chairperson be restrained from discharging the powers delegated to him by the Board on 11-8-1999.

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AMIR ALAM KHAN Vs. STATE OF UTTAR PRADESH

Referred Judgements :-

JUDGEMENT

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