MOHD. REHAAN SHEIKH Vs. M.P. WAKF BOARD

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dtd. 23/7/2024 [Annexure P/2] passed by the Chief Executive Officer, M.P. Waqf Board, respondent, whereby he has been removed from the Post of President of District Waqf Committee, Indore.

(2.) As per the petitioner, he was appointed as the President of District Waqf Committee of District Indore by order dtd. 31/8/2023 wherein a committee of fifteen persons was constituted for overseeing the Waqf Board and committees situated at Indore. A complaint was made by one Mohammad Aslam Khan to the respondent stating that the petitioner has been convicted for offences punishable under the Gambling Act in the year 2003 and 2007 hence is not fit to continue as President of District Waqf Committee. On the basis of the said complaint, the petitioner has been removed from the Post of President of District Waqf Committee.

(3.) Learned senior counsel for the petitioner has submitted that no show cause notice was issued to the petitioner prior to passing of the impugned order. He has not been afforded any opportunity of hearing and his removal is contrary to the principles of natural justice and is also contrary to law. Before removal of the petitioner, as per Sec. 67 of the Waqf Act, 1995 it was mandatory for a notice to have been issued to him. The complaint filed against the petitioner was without any basis. Since the impugned order is a stigmatic order it could not have been passed behind the back of petitioner which hence deserves to be set aside.