GHULAM MOHSIN JAFRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is filed, challenging the notification dated 3.10.2001 (Annexure 1) by which the State Government constituted the Shia Waqf Board ('the Board', hereinafter) and nominated its members as provided under Section 14 of the Waqf Act, 1995 (hereinafter, the 1995 Act').

(2.) THIS case has a brief history and in order to understand the matter clearly, it will be useful to take note of a few antecedent facts. The last Board which was ale to complete a full term was constituted by the State Government by notification, dated 1.10.1992, issued under the Waqf Act, 1954 (hereinafter the 1954 Act). By this notification the petitioner was nominated as one of the members and he later became the Chairman of the Board. Under Section 12 of the 1954 Act the members of the Board would hold office of a term of five years. Hence, on expiry of this period, the State Government reconstituted the Board and nominated its members by notification dated 31.12.1997 issued under Section 64(1) of the 1954 Act. In this notification too, the petitioner was named as one of the members. But he did not accept his nomination and Respondent No. 3 was elected as the Chairman of the Board by the rest of the members.

(3.) THE State Government seems to have accepted the legal position declared in the judgment. In any event, it did not file an appeal against the judgment of the learned Single Judge. But respondent No. 3, the Board and some other members affected by that judgment took the matter in appeal. Against the judgment and order, dated 10.3.1999, allowing CWJC No. 814 of 1998, respondent No. 3 filed L.P.A. No. 315 of 1999 on 15.3.1999 (to which appeals filed by others were later made analogous). And by order, dated 23.3.1999 passed in LP.A. No. 315 of 1999 a division bench of the Court stayed the operation of the order of the learned Single Judge. THE interim order of stay was reaffirmed on 19.4.1999 and was directed to continue until further orders. THE appeal was finally committed for hearing on 22.7.1999 and it remains pending before this Court.