MD. RABI KHAN Vs. SATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. B.P. Sahu, learned senior counsel assisted by Ms. H. Kunjeshori, learned counsel appearing for the appellants, Mr. M. Devananda, learned Addl. Advocate General assisted by Ms. N. Jyotsana, learned counsel appearing for the State respondents No. 1 and 2, Mr. H.S. Paonam, learned senior counsel assisted by Mr. S. Gunabanta, learned counsel appearing for the respondent No. 3 and Mr. B.R. Sharma, learned counsel appearing for the respondents No. 4 and 5 in WA No. 76 of 2023.

(2.) The appellants/ writ petitioners have filed the present two writ appeals challenging the legality of the common judgement and order dtd. 23/8/2023 passed by the learned Single Judge in WP(C) No. 1105 of 2022 and WP(C) No. 304 of 2023. The core issues to be decided in the present writ appeals are:-

(3.) On expiry of the term of the six Waqf Board, the Secretariat, Minority Affairs Department, Government of Manipur appointed altogether ten members, including the present two appellants and private respondents, as members of the 7th Waqf Board, Manipur w.e.f. 1/4/2021 by issuing a Notification dtd. 31/3/2021 and by publishing the said Notification in the Manipur Gazette Extraordinary dtd. 8/4/2021. The appellant No. 1, viz., Md. Rabi Khan, was appointed as member of the said Waqf Board under Sec. 14(1)(b)(iii) of the Waqf Act, 1995. As per provisions of Sec. 15 of the Waqf Act, the term of office of the members of the Board is for five years from the date of Notification referred to in sub-sec. 9 of Sec. 14.