ABDUS SHAKOOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner - Abdus Shakoor by way of present petition under Articles 226/227 of the Constitution of India seeks quashing of the appointments of respondents No. 4 to 11 as Members of the Punjab Wakf Board ('Wakf Board' - for short) stating the same to be illegal and against Para No. 13.21 of the Ninth Report of the Joint Parliamentary Committee on Wakf. A further prayer has been made for restraining the respondents to stay the proposed agenda meeting for 04.03.2016 (Annexure P7). A further prayer has been made for directing the respondents to act in accordance with Punjab Government letter dated 11.12.2007 (Annexure P1); besides, for directing an inquiry in the matter relating to appointment of retired persons and irregularities committed and taking appropriate action against the erring officials, who, it is alleged, have caused loss to the properties of the Wakf Board and depriving the genuine beneficiaries for which the Wakf Board is meant for. A still further prayer has been made for initiating action against the Members of the Wakf Board for acting against the directions issued under the Wakf Act. Thereafter, a prayer has been made for directing respondents No. 1 and 2 to correct the composition of the Wakf Board and to act in accordance with the Punjab Government letter dated 11.12.2007 (Annexure P1). It is still further prayed that the notification (Annexure P6) be quashed stating the same to be not legal and not in public interest due to the acts of respondents No. 4 to 11 and continuance of irregularities and violation of directions of the Punjab Government as contained in letter dated 11.12.2007 (Annexure P1). Lastly, it is prayed for issuing a writ in the nature of quo warranto declaring and holding the posts held by respondents No. 4 to 11 as Members of the Wakf Board as illegal, unconstitutional; besides, contrary to the spirit of the Wakf Act.

(2.) Mr. P.P.S. Thethi, Additional Advocate General, Punjab, has submitted that the primary relief of the petitioner is for quashing the appointments of respondents No. 4 to 11 as Members of the Wakf Board. It is submitted that he has received instructions from the Officer on Special Duty, Department of Home and Justice, Government of Punjab, to state that respondents No. 4 to 11 have since resigned as Members of the Wakf Board. Therefore, according to learned counsel for the State, the present writ petition has been rendered infructuous.

(3.) Mr. Jagmohan Singh Bhatti, Advocate, appearing for the petitioner, however, states that other issues regarding the irregularities committed and appointment of retired persons as Members of the Wakf Board are liable to be gone into.