SHAMIM AHMED Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The composition of the Board constituted under the Wakf Act, 1995 (in short 'the Act') has to be in accordance with Section 14 of the said Act. The relevant provision is as under :-

(2.) It is not disputed that vide notification dated 16.11.2009 issued by the Government of Punjab in exercise of power conferred under Section 14 of the said Act, the Punjab Wakf Board was constituted. It is also undisputed that there were five persons nominated under different categories under clauses (i), (ii) and (iii) of sub-section (1)(b) of Section 14 of the said Act against the maximum possible of six. It may be added that there were two other nominations made under sub-clause (c) and sub-clause (d) of subsection (1) of Section 14 of the said Act.

(3.) In view of the fact that there were no nominations made under clause (iv) of sub-section (1)(b) of Section 14 of the said Act and also in view of the fact that there was actually no Mutawalli available in the State of Punjab, meeting the requisite qualification of an annual income of ' one lakh or above, the State Government in purported exercise of power under subsection (3) of Section 14 of the said Act nominated the petitioner and respondent No. 2, vide notification dated 14.12.2009.