LAWS(CAL)-2015-6-139

TAMIJUL HAQUE Vs. TAHAMMUL HAQUE & ORS

Decided On June 15, 2015
Tamijul Haque Appellant
V/S
Tahammul Haque And Ors Respondents

JUDGEMENT

(1.) The order No. 13 dated 7.4.2015 passed by the Waqf Tribunal West Bengal in suit No. 30 of 2014 refusing to pass an order of temporary injunction in favour of the petitioner, is assailed in this revisional application on a solitary legal point that two persons cannot constitute the Tribunal validity. In other words, the impugned order passed by a chairman and a member is without jurisdiction and coram non-judice. It would not be necessary to narrate the facts of the instant revisional application as the respective counsels have restricted their arguments on the above point which is a pure question of law.

(2.) Prior to the amendment having brought to Section 83(4) of the Waqf Act 1995, one person being the member of the State Judicial Service holding a rank not below that of District, Sessions or Civil Judge Class I was the composition of the Wakf Tribunal. By Act 27 of 2013 which came into force from 1.11.2013, sub-Section 4 of Section 83 of the said Act was substituted. The amended Section 83(4) of the said Act as it is stands now is as follows:

(3.) After the amendment having brought the Tribunal shall consist of three persons of which one should be from a State Judicial Service holding a rank not below that of a District, Sessions or Civil Judge Class I to act as a chairman and the other person to be an officer of the State Legal Services equivalent to the rank of Additional District Magistrate and another person having knowledge of Muslim Law and Jurisprudence. Sub-Section 5 of Section 83 of the Act confers power on the Tribunal that of a Civil Court to be exercised under the Code of Civil Procedure while trying a suit, executing a decree or order.