ABDUL MABOOD KAZI Vs. BOARD OF WAKFS

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is at the instance of some of the members of a Mutawalli Committee constituted under section 63 of the Wakf Act, 1995 (hereinafter referred to as the Act) which has since been removed and is directed against order dated 30th April, 2004 passed by the Presiding Officer, Wakf Tribunal, West Bengal, in Appeal No. 1 of 2004 thereby approving the order of removal dated 31" December, 2003 passed by the Wakf Board.

(2.) There is no dispute that the petitioners along with others were the members of the Mutawalli Committee appointed under section 63 of the Act which had been supervising the Wakf property in dispute from 2000.

(3.) In the year 2002, on the basis of some allegations against the Committee of which the petitioners are the members, an enquiry was held by an Inspector of the Board at the instance of the Chief Executive Officer of the Board and a report was submitted to the said Chief Executive Officer pointing out various irregularities committed by the Mutawalli Committee of the petitioners. Subsequently, the Board directed the Mutawalliship and Enrolment Committee ("ME Committee"), to enquire into the matter. The said ME Committee issued notice upon the present petitioners by certificate of posting on December 19, 2003 thereby fixing 30th December, 2003 for hearing. On 30th December, 2003, the date fixed for hearing, none appeared on behalf of the petitioners and the ME Committee recommended removal of the said Committee and appointment of a new Mutawalli-Committee in place of old Committee. It appears from the record that on the very next day viz. 31st December, 2003 the Board of Wakf had approved such recommendation and consequently, such order was communicated to the petitioners. In the order communicating the decision of the Board it is expressly mentioned that such removal was made under sections 64(1) (g), (h), (i) and (k) of the Act.