BIHAR STATE SUNNI WAQF BOARD Vs. STATE

JUDGEMENT

(1.) :-The Bihar State Sunni Waqf Board and its Chairman (petitioners 1 and 2) have challenged the legality and validity of the notice of supersession of the Wakf Board purported to have been issued under S. 64 of the Wakf Act, 1954, contained in the letter of the Secretary, Law Department, dated 29-8-1990. By way of amendment petition they have further challenged the validity of the two notifications contained in Annexures 18 and 19 whereby the Board has been superseded on 5-11-1990 and with effect from the said date, the Law Secretary, respondent No. 3, has been appointed as the Special Officer of the Waqf Board.

(2.) The Bihar State Waqf Board (hereinafter to be referred as 'the Board') has been established and incorporated under S. 9 of the Waqf Act. The present Board was constructed by the Government notification dated 27-1-1989 for a term of five years. Petitioner No. 2 was also elected as Chairman for five years by the members of the Board in its meeting dated 9-2-1989. The petitioner No. 2 took charge of the office of the Chairman on 9-2-1989.

(3.) On account of paucity of fund and non-sanction of funds by the Government, the Board was engaged in setting its House in order when, on 23-7-1990, the Law Secretary levelled several charges against the present Chairman of the Board and required him to furnish explanation to the charges within a period of ten days. The charges, inter alia, read :-