JALALUDDIN MOLLAH Vs. BOARD OF AUQAF, WEST BENGAL

JUDGEMENT

(1.) By this public interest petition, the petitioner has prayed for a direction to the State Authorities to accept model Wakf Rules, 2016 as they have failed to frame rules complying with the provisions of Wakf (Amendment) Act, 2013. A further prayer has been made to supercede the existing Board of Wakf, West Bengal and to take over the administration of the board by appointing administrator till the rules are reframed in terms of the amended act and a direction has been sought to reframe rules.

(2.) Petitioners, practicing advocates of this Court, have raised the plea that the Wakf (Amendment) Act, 2013 came into force with effect from 01st November, 2013 making substantial changes in respect of the constitution of the board but the present board of Wakf was reconstituted on 10th February, 2017 without complying with the original or amended Wakf Act. A further plea has been raised that West Bengal Wakf Rules, 2001 were framed under the unamended act which are still continuing and have not been amended keeping parity with the provisions of Section 14(c) and 14(e) of the amended Act. In this background, the prayers for framing fresh rules, superceding the Wakf board and appointing the administrator have been made.

(3.) Submission of learned Counsel for the petitioner is that Section 109(iv) of the Act requires the State to frame rules in respect of manner of election of members of Board by means of single transferable vote but no fresh rules after the amendment have been framed. He has referred to amended Section 14 of the Act and submitted that Rules of 2001 run contrary to the composition reflected in amended Section 14 of the Act. He has further submitted that the model Wakf Rule, 2016 have been framed by the Central Government which are applicable till the State Government frames the rules, therefore, either the election should be held following the model rules or the present Board should be superceded and administrator should be appointed.