SADIQ MOHD Vs. STATE

JUDGEMENT

(1.) THE constitution of Tehsil Auqaf Committee in pursuance of SRO 292 issued on 22nd July 99 is being ended in question it is submitted that in terms of section 8 (2)of theJammu and Kashmir Wakaf" Act of 1978. elected member are required to be there it is submitted that as these member are not there, therefore the notification referred to above is contrary to the provision of the above Act.

(2.) THE learned counsel for the respondents submits that so far as the above Act is concerned, this stands repealed.

(3.) THE above argument would however be of no avail as the notification in question had been issued under section 8(4)of the Jammu and Kashmir Wakaf Act of 1978. At this stage, it would be apt to notice section 8 of the above act this reads as under: