ABDUL KHADEER BEIG Vs. GOVERMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD the learned Counsel for the parties and perused the record.

(2.) THIS petition has been filed by the petitioner on the ground that he is the President of Jamia Masjid, Subash road, Secunderabad. He is aggrieved of amendment to Andhra Pradesh State Wakf board Conduct of Election Rules, 1996 (for short 'the Rules'), effected by G. O. Ms. No. 30 dated 29. 6. 2005. The contention of the petitioner is that he, being the President of the Managing Committee, was entitled to be elected to the Board under Section 14 of the Wakf Act, 1995 (for short 'the Act'), but in terms of the amendment, the government has deleted sub-clause (ii) of clause (a) of sub-clause (4) of Rule 4 of the Rules, and by deletion, he no longer remains eligible for being elected as a member of the Board. According to the learned Counsel for the petitioner, the deletion of this clause from Rule 4 of the Rules is ultra vires to sub-section 3 (i) read with section 14 (1) (b) (iv) of the Act. This is contested by the State's Counsel on the ground that there is no contravention of the provisions of the Act and also that the term of the Managing Committee is not defined under Section 18 of the Act, and as such, the tenure of the Members of the Committee is uncertain and therefore, they could not be the persons eligible for being elected as Members of the board.

(3.) IN order to appreciate the rival contentions, it would be necessary to have a look into the Rule which have been deleted. The provision that is deleted is sub-clause (ii)of clause (a) of sub-clause (4) of Rule 4 of the Rules, which stated as under: