SAMSUR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners are the citizens of India belonging to Muslim community who are appointed as Members of Orissa Board of Wakf vide notification dated 21.11.2005 (Annexure -1) and, therefore, interested in the Wakf institutions within the definition and scope of section 3(i) of the Wakf Act, 1995 (for short 'the Act') have filed this writ petition praying for I ssue of a writ of certiorari to quash the notice under Annexure -6 and direct to allow the Board as formed vide notification dated 22.11.2005 (Annexure -1), to function till a new Board is constituted as per sections 13 and 14 of the Act and for such further order/direction as deemed fit and proper in the circumstances of the case.

(2.) THE brief facts and rival contentions urged in this writ petition are stated in this judgment for the purpose of appreciating the same and answering the contentious issue that would arise for our consideration.

(3.) THE Orissa Board of Wakf (for short 'the Board') was constituted vide Law Department notification published in the Orissa Gazette on 22.11.2005 vide Annexure -1. Eleven persons were appointed by the State Government under different categories under section 14 of the Act. As per provision under section 14 of the Act, Haji Md. Ayub Khan, M.L.A. was elected as the Chairman of the Board. The election of said Haji Md. Ayub Khan, Chairman of the Board was challenged before the Hon'ble Lokpal, Orissa, Bhubaneswar on the ground that Mr. Haji Md. Ayub Khan and Mr. Md. Rafique, M.L.As. were nominated not in accordance with the Wakf Act and the Rules. It is further stated that as per law the State Government should have requested the Assembly Secretary to hold election among the Muslim members of the legislative Assembly (M.L.As.) to elect from those Muslim members at least one and not more than two to the Orissa Board of Wakfs. But the election of the Chairman was challenged because the State Government directly nominated two M.L.As.to the Board illegally. After about one year of the election of the Chairman, the Hon'ble Lokpal observed and directed that the State Government has to choose directly one or two M.L.As. from among the Muslim M.L.As. to the Board and declared the nomination/selection of two M.L.As. to the Board by the State Government, as illegal. Further the State Government was directed to request the Assembly Secretariat to conduct election among the Muslim M.L.As. as one or twoM.L.As. must represent the Board by adopting due procedure of election. Therefore, Mr. Khan, the Chairman of the Board was removed.