SULTAN QUAAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed questioning the propriety of the 3rd respondent in continuing as Chairperson of the Telangana State Wakf Board though the term of the 3rd respondent as Member of Legislative Council (MLC) has been completed by 29 03 2019; membership of the Wakf Board is co-terminus with his term as MLC having been elected as a Member of the Wakf Board under Section 14(1) (b) (ii) of the Wakf Act, 1995, (for brevity, "the Act") continuing in the said post as being illegal arbitrary and unconstitutional and to pass appropriate consequential orders in the interest of justice.

(2.) The matter rests on a narrow compass. The Government of Telangana in GO Ms.No.9, MW(Estt-II), Department, dated 23-02-2017 constituted Telangana State Wakf Board and as per the constitution thereof, it consists of six elected members and five nominated members and out of the six elected members, the 3rd respondent was elected as Member of the Wakf Board being a Member of State Legislative Council (MLC) under Section 14(1) (b) (ii) of the Act. All the elected and nominated members of the Wakf Board, by an unanimous resolution, elected the 3rd respondent as Chairperson of the Wakf Board and his appointment as such was notified by the Government vide GO Rt. No.51, Minorities Welfare (Estt-II), Department, dated 27-02-2017. The 3rd respondent was elected as Member of State Legislative Council on 14-03- 2013, the tenure of MLC being for a period of six years, ended by 29-03- 2019.

(3.) The grievance of the petitioner is that the 3rd respondent who has been elected under Section 14(1)(b)(ii) of the Act, being the Member of State Legislative Council and his term as MLC ended by 29-03-2019, he ceased to be a Member of the Wakf Board and is deemed to have vacated the office of the Member of Wakf Board, the post of Member of the Wakf Board being co-terminus, from the date he ceased to be the Member of the State Legislative Council as enunciated under Explanation-II of Section 14 of the Act. Hence this writ petition.