REGENT COMPUTRONICS PVT. LTD.

Shaikh Fareed Appellant

V/S

GOVERNMENT OF ANDHRA PRADESH Respondents

Referred Judgements :-

R V. EDMUNDSON [REFERRED TO]
ETON R.D.C. V. THAMES CONSERVATORS [REFERRED TO]
DIRECTOR OF PUBLIC PROSECUTIONS V. FORDON [REFERRED TO]
YUSUF QURESHI AND OTHERS V. MOULANA MOHAMMED JAMALUDDIN DECCANI AND OTHERS [REFERRED TO]
MOHD. AKRAM ANSAN V. CHIEF ELECTION COMMISSIONER [REFERRED TO]
MUSLIM MINONLY FRONT V. THE GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
ABDUL KHADEER BEIG V. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
KANAI LAL SUR VS. PARAMNIDHI SADHUKHAN [REFERRED TO]
STATE OF BOMBAY VS. HOSPITAL MAZDOOR SABHA [REFERRED TO]
STATE OF UTTAR PRADESH VS. VIJAY ANAND MAHARAJ [REFERRED TO]
KEHAR SINGHTS VS. STATE DELHI ADMINISTRATION [REFERRED TO]
APHALI PHARMACEUTICALS LIMITED VS. STATE OF MAHARASHTRA [REFERRED TO]
ROHIT PULP AND PAPER MILLS LIMITED VS. COLLECTOR OF CENTRAL EXCISE BARODA [REFERRED TO]
UNION OF INDIA VS. DEOKI NANDAN AGGARWAL [REFERRED TO]
NELSON MOTIS VS. UNION OF INDIA [REFERRED TO]
RISHABH AGRO INDUSTRIES LIMITED VS. P N B CAPITAL SERVICES LIMITED [REFERRED TO]
PADMASUNDARA RAO DEAD VS. STATE OF TAMIL NADU [REFERRED TO]
UNION OF INDIA VS. SHARDINDU [REFERRED TO]
MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES VS. SATCHIKITSA PRASARAK MANDAL [REFERRED TO]
RASILA S MEHTA VS. CUSTODIAN NARIMAN BHAVAN [REFERRED TO]
SYED SHAH MUHAMMAD AL HUSSAINI VS. UNION OF INDIA [REFERRED TO]
EMPEROR VS. BENOARI LAL SARMA [REFERRED TO]
PAKALA NARAYANA SWAMI VS. EMPEROR [REFERRED TO]
KUMAR KAMALARANJAN ROY VS. SECRETARY OF STATE [REFERRED TO]
MOINUDDIN QURESHI VS. STATE OF CHHATTISGARH [REFERRED TO]

JUDGEMENT

(1.) The controversy referred to this Full Bench for resolution, as succinctly put in the order of reference, is as under:

(2.) Having given thoughtful consideration to the issue, we regret our inability to accede to the broad and extensive conclusion of our learned brother that Members of Parliament or the State Legislature, once elected to the State Wakf Board under Section 14 of the Wakf Act, 1995 (for brevity, 'the Act of 1995'), are entitled to continue as such for a full term of five years irrespective of the circumstances in which they cease to be Members of Parliament or the State Legislature, as the case may be. There may be situations where the tenure of the Members of Parliament or the State Legislature, who were elected to the Wakf Board by virtue of that status, may be cut short in such manner as to have an impact on their eligibility to continue as Members of the Wakf Board for a full term of five years.

(3.) Ergo, we are constrained to express our reservations as to the comprehensive and all-encompassing nature of our learned brother's conclusion by way of this separate opinion. We strive hereunder to elaborate on this aspect as certain nuances of this conundrum are subtle and elusive.

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SHAIKH FAREED Vs. GOVERNMENT OF ANDHRA PRADESH

Referred Judgements :-

JUDGEMENT

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