ORDER This application has been filed challenging the validity of the order of the State Government in the Minority welfare department dated 9th February, 1994 directing that as term of office of the Members of Bihar State Sunni Wakf Board has expired, the office of the members of the Board will be deemed to be vacant on expiry of the term, and authorising Shri Sharafat Hussain, Deputy Secretary, Minority Welfare department to function as special Officer of the Board until regular Board is constituted. The order has been passed in purported exercise of power under Section 64 of the Wakf Act, 1954. Counsel for the petitioner has placed reliance on the provisions of Sections 12 and 64. It was submitted that although the members of the Board have a term of five years. They are entitled to continue to hold that office until the appointment of successor is notified in the official Gazette notwithstanding the expiration of the term. He submitted that, no doubt, the state Government has power to supersede the Board under Section 64 but that can be done only on the grounds mentioned therein and that also after giving a show cause notice. Shri Sharafat Hussain was added as party respondent and notice was issued to him. He has not filed any affidavit nor has he entered appearance. There is no affidavit on behalf of the state either. In the circumstances of the case, I have heard the petitioner exparte. From perusal of the provisions of sub-Section (1) of Section 64, it is plain that power of suppression can be exercised only where the Board has defaulted in the performance of any duty imposed on it or under the Act. or has exceeded or abused its powers. The super session cannot be made on the ground of expiration of term of office, particularly in view of the provisions of Section 12. In the above premise, the impugned order dated 9.2.1994 as contained in Annexure- 10 is quashed. As a result of the quashing of the said order the Board will be deemed to revive and entitled to function but in accordance with law. The state Government shall take steps for constitution of regular Board in accordance with law at the earliest. This application in allowed. Application allowed.