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J&K High Court · body

2002 DIGILAW 86 (JK)

Sadiq Mohd. v. State

2002-04-04

T.S.DOABIA

body2002
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 The learned counsel for the respondents submits that so far as the above Act is concerned, this stands repealed. 3.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: "Constitution of a Tehsil Committee. (1) Subject to the provision of sub section (2) of section 7 the Tehsil Committee shall consist of nine member two third of whom .shall be elected and one third nominated in accordance with the provision of this Act and the rules made thereunder. (2)The member required to be elected for Tehsil committee shall be elected in the prescribed manner by the member of the electoral college which shall consists of the elected Muslim member of- (i) Municipal council (ii) Notified area committee (iii) Town area committee (iv) Panchayats: and (v)The State Legislature, hailing from the Tehsil for which a committee or committees are to be constituted. (3) The names of the member elected and or nominated for a tehsil committee shall be notified by the government in the gov ernment gazetted. (4) Notwithstanding anything contained in this chapter where the government is satisfied that for some reasons to be recorded in writing it is not reasonably practicable to constitute an electoral collage provided for in sub section (2) the government may nominate all the members or a tehsil committee or committees as the case may be. (5) There shall be a chairman and a vice-chairman of each tehsil committee who shall be elected by the members there of from amongst themselves". 4. A perusal of the aforementioned section makes it apparent that sub section (4) provides in categorical terms that where the government is satisfied that for some reasons it is not reasonably practicable to constitute an electoral collage. 4. A perusal of the aforementioned section makes it apparent that sub section (4) provides in categorical terms that where the government is satisfied that for some reasons it is not reasonably practicable to constitute an electoral collage. It can nominate all the members of a tehsil committee or committees. Once this satisfaction is arrived at then the normal presumption is that this satisfaction was arrived at in accordance with the law. Independently of the above judicial notice can be taken of the fact that there are no elected member from municipal councils. Notified area committee, town area committee in the state of J & K. therefore the question of constituting an electoral collage for the purposes of sub section (2) would not arise, no doubt there arc elected member of panchayat and there are member of legislative assembly also but as the electoral collage is to consist of four corporate bodies and the member of the slate legislature therefore till this electoral collage is complete, the question of resorting to section S (2) would not arise. For tins reason and also for the reason that the state government has satisfied in terms of sub section (4) and has constituted the committee thereafter, no interference is called for. This petition as such is found to be Without merit and is dismissed.