SULTAN QUAAN Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) The appellant-petitioner has challenged the legality of the order dated 24-10-2019, passed by a learned Single Judge in W.P. No. 15086 of 2019, wherein he had challenged the continuation of the respondent No. 3, Mr. Mohammed Saleem, as Member of the Wakf Board. By the impugned order, the learned Single Judge has dismissed the said writ petition.

(2.) Briefly, the facts of the case are that the State of Telangana constituted a Wakf Board in pursuance of the direction issued by this Court in its order dated 12-09-2016, in W.P. No. 7023 of 2016. The respondent No. 1 had conducted elections for constitution of a Wakf Board as contemplated under Section 14 of the Wakf Act, 1995 (for short 'the Act'). By notification dated 23-02-2017, the respondent No. 1 notified the election of six members under Section 14 (1) (b) of the Act, and five members have been nominated under Section 14 (1) (c) to (e) of the Act. On 27-02-2017, Mr. Mohammed Saleem, the respondent No. 3, was elected as the Chairperson of the Wakf Board. According to the appellant, the respondent No. 3 was also elected as a Member of the Legislative Council. However, his term as the Member of the Legislative Council expired on 29-03-2019. Therefore, the appellant claimed that with the expiry of his term as the Member of the Legislative Council, the respondent No. 3 could no longer continue to serve as the Chairperson of the Wakf Board. Since the respondent No. 3 was continuing as the Chairperson of the Wakf Board, the appellant filed a writ of quo warranto before the learned Single Judge. However, by order dated 24-12-2019, the learned Single Judge has dismissed the writ petition. Hence, this appeal before this Court.

(3.) Mr. A.M. Qureshi, the learned counsel for the appellant, has raised the following contentions before this Court:-