GHULAM MOHSIN JAFRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since the main controversy revolves round some questions of law, this case, with the consent of parties has been heard at length at the stage of admission itself and the points are decided as follows :-

(2.) In this matter one I.A. No. 359 of 1999 has been filed by one Saiyed Salman Hussain for allowing him to appear in this matter as an Intervenor-respondent. He is permitted to do so and is heard through his counsel. In fact the main argument in this case has been advanced by the learned counsel for the Intervenor-respondent.

(3.) The factual aspect of the case urged before me at the argument stage is in a narrow compass. The petitioner is claiming himself to be the Chairman of the Bihar State Shia Wakf Board (hereinafter referred to as the said Board) prior to its present constitution under the impugned notification dated 31st December, 1997. The main challenge to that notification, inter alia, is on the ground that the said notification dated 31st December, 1997 by which the present Board (respondent No. 5) has been brought into existence is void in law in view of the fact that it has been issued in purported exercise of power under the Wakf Act, 1954 (hereinafter called 1954 Act). The 1954 Act is no longer in existence in view of the present Wakf Act, 1995 (Act 43 of 1995) (hereinafter called the 1995 Act). The petitioner asserts that he is a member of the present Board which is illegally constituted under 1954 Act but he has resigned from the Board as the said constitution is per se illegal and he is challenging the constitution of Board, inter alia, on the ground that after the 1995 Act has come into existence on 1st January, 1996, the impugned notification dated 31st December, 1997 which purportedly constitute the Board under the 1954 Act is void from the very inception and as such the said notification is a nullity and should be quashed.