HAJI ANWAR AHMED KHAN Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) Respondent No. 1 Punjab Wakf Board was constituted under the provisions of the Wakf Act, I954 (hereinafter referred to as the Act). Under S. 11 of the said Act, Haji Anwar Ahmed Khan petitioner and respondents Nos. 3 to 13 were appointed its members by the Union of India, respondent No. 2, vide notification dated Aug. 11, 1978, copy of which is attached as Annexure P-1 with the writ petition. The tenure of the office of members so appointed is 6ve years. After the constitution of the Board, the petitioner was elected as Chairman of the respondent, Board. On January 20, 1980, a meeting of the Board was convened at Ambala. This meeting was attended by 10 out of 11 members of the Board. Petitioner Haji Anwar Ahmed Khan was removed from the office of the Chairman of the Board in that meeting, 8 members voted for the no cktn6dence motion. The petitioner voted against the no confidence motion and one of the members abstained from voting. After the petitioner was removed from the office of the Chairman of the Board, in the same meeting the members elected Khawaja Khalil Ullah, respondent No. 3 as Chairman. Out of 10 members, nine voted in his favour. The copy of the resolution passed in that meeting is appended as Annexure P-4 with the writ petition. The petitioner has challenged his removal from the office of the Chairman and so also the election of Khawaja Khalil Ullah, respondent No. 3 as Chairman of the Board against the vacancy caused by his removal on various grounds mentioned in the petition. However, at the time of arguments, the learned counsel for the petitioner has advanced only the following arguments in support of his case:-

(2.) With a view to appreciate the contentions raised by the learned counsel for the petitioner, the relevant provisions of the Act may be noticed. In view of Section (3)(e) of the Act, unless the context otherwise requires, "member" means a member of the Board and includes the chairman. S. 9 of the Act deals with the incorporation of the Board of Wakfs. Section 10 of the Act provides that the Board shall consist of eleven members and that there shall be a Chairman of the Board, who shall be elected by the members from congest themselves. Under S. 11 of the Act, he members of the Board shall be pointed by the State Government by a notification in the Official Gazette from any one or more of the categories of persons mentioned in this Section. S. 12 of the Act is as follows:--

(3.) In view of the powers conferred under Section 67 of the Act, Rules called "Punjab Wakf Rules 1964" have been framed. R. 6 of the said Rules which deals with the election of the Chairman is as follows:-