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2008 DIGILAW 1752 (RAJ)

Hazi Isalamuddin v. State of Rajasthan

2008-07-23

DALIP SINGH

body2008
JUDGMENT 1. - This writ petition has been filed by the petitioner challenging the order dated 10.10.2007 (Annexure-5). The said order reads as follows: " Jh gkth bLykeqn~nhu dks oDQ vf/kfu;e] 1995 dh /kkjk 14 ( 1 ) ( oh ) (iv) ds vUrxZr fuokZfpr gksus ij jktLFkku oDQ eqfLye cksMZ ds lnL; fu;qDr fd;s x;s FksA ysfdu ekuuh; mPp U;k;ky; ds vkns'k dh ikyuk esa ftl desVh ds lnj Jh gkth bLykeqn~nhu Fks mldk iquxZBu dj fn;s tkus rFkk Jh gkth bLykeqn~nhu vc lnj ds in ij inLFkkfir ugha jgus ds QyLo:i oDQ vf/kfu;e 1995 dh /kkjk 16 ( bZ ) ( i ) ds vUrxZr cksMZ dk lnL; jgus esa v;ksX; gks x;s gSaA vr% Jh gkth bLykeqn~nhu lnL;] jktLFkku oDQ cksMZ vc lnL; jgus ds v;ksX; gks tkus ds QyLo:i oDQ vf/kfu;e 1995 dh /kkjk 20 ( 1 ) ( , ) ds vUrxZr budks cksMZ dh lnL;rk fujLr dh tkrh gSA " 2. The background of issuing the aforesaid order is that the petitioner on account of his being the Sadar for the Committee of the Jama Masjid and Shahar Wakf Committee, Bharatpur as notified at S. No. 53 of Annexure-R/2, the list of minutes notified for the purposes of holding elections to the Wakf Board in terms of Section 14(1)(b))(iv) of the Wakf Act, 1995. The petitioner vide Annexure-R/3 dated 17.12.2003 was made Sadar of the committee under the orders of the Rajasthan Board of Muslim Wakf, Jaipur, known as the Wakf Jaidad Zila Va Shahar, Bharatpur and by virtue of the said appointment made by the Board constituting the aforesaid committee comprising eleven members and appointing the petitioner as Sadar of the aforesaid committee, he remained in the aforesaid office and continued to hold the office as mentioned in the said order. The order itself provided that the committee shall hold office for a term of three years. It is the admitted case that elections for the composition of the Wakf Board in terms of Section 14 of the Wakf Act, 1995 were held on 21.9.2005. The petitioner was elected in the category of 'mutawalli' under clause (b)(iv) of sub-section (1) of Section 14 of the Wakf Act, 1995, which provides as follows: "14. It is the admitted case that elections for the composition of the Wakf Board in terms of Section 14 of the Wakf Act, 1995 were held on 21.9.2005. The petitioner was elected in the category of 'mutawalli' under clause (b)(iv) of sub-section (1) of Section 14 of the Wakf Act, 1995, which provides as follows: "14. Composition of Board.-(1) The Board fora State and the Union Territory of Delhi shall consist of (a) XXXX (b) XXXX (i) XXXX (ii) XXXX (iii) XXXX (iv) mutawallis of the wakfs having an annual income of rupees one lakh and above." 3. Section 15 of the Act of 1995 provides that the term of the office of the members of the Board shall be five years and, therefore, the term of the Board which was constituted as per the elections held in September, 2005 is to continue up to September, 2010. 4. However, as has been mentioned above vide Annexure-R/3 dated 17.12.2003 the appointment of the petitioner as Sadar by way of his inclusion in the management committee constituted for the Wakf Jaidad Zila Va Shahar Bharatpur was for a period of three years from the date of composition of the Committee namely 17.12.2003 which was liable to come to an end on the expiry of the period of three years, i.e., on 17.12.2006 itself. It is by virtue of the inclusion of the petitioner in the said management committee and being made the Sadar that he was elected in the constituency of 'Mutawalli' in terms of the Section 14(1)(b)(iv) of the Act of 1995. 5. It appears that on account of the expiry of the term of the committee in which the petitioner was a member/Sadar, an order came to be passed on 21.12.2006 by the Wakf Board by which the petitioner was removed from his office as member of the committee constituted vide order dated 17.12.2003 since Its term expired after three years. The aforesaid order was challenged and the matter came to be decided by this court in S.B. Civil Revision Petition No. 38/2007 decided on 27.4.2007, which judgment is reported in 2007 (3) WLC (Raj.) 278. 6. The aforesaid order was challenged and the matter came to be decided by this court in S.B. Civil Revision Petition No. 38/2007 decided on 27.4.2007, which judgment is reported in 2007 (3) WLC (Raj.) 278. 6. This court held that there was no necessity for passing any order on the removal of the petitioner as the term of the committee being three years came to an end on 17.12.2006, by efflux of time and so also the appointment of the petitioner as a Sadar of the Committee. In that view of the matter while disposing of the revision petitions, this court issued directions for constituting fresh committees in place of the existing committees. The said direction reads as follows: "Therefore, the second part of impugned order dated 21.12.2006 appointing Mr. R.P. Sharma, Inspector as Incharge of these committees and Mr. Burabuddin, as his assistant is set aside and it is directed that the Wakf Board may undertake the exercise for appointment of new committees in place of the aforesaid 5 committees specified in Annexure-4 order dated 21.12.2006 within a period of four weeks from today after notice of such meeting to all the 11 members of the Board nominated as well as elected members is served and a majority decision of the members present in the said meeting may decide to constitute the new committees. Till such decision is taken, the present committees shall continue to work in the best interest of the wakf properties and maintain true and faithful account of any financial expenditure, income or investment made by them meticulously which shall be open to inspection and audit by a competent authority of the Board in accordance with law." 7. The respondents after the decision of this Court in the aforesaid revision petitions reconstituted the committee of which the petitioner was the 'Sadar' and in its place a new committee came to be constituted vide Annexure-R/1 dated 24.5.2007 thereby eleven members were included in the said committee and the name of the petitioner does not find place in the same, as such, the petitioner not being a member of the aforesaid committee constituted for the management of the Wakf Jaidad Zila Va Shahar Bharatpur, the, petitioner ceased to hold the office of the Sadar of the said Wakf at Bharatpur and was no longer continuing as 'Mutawalli'. 8. 8. As a result of the aforesaid cessation of the petitioner as member of the management committee so also the membership of the petitioner as Sadar of the Wakf at Bharatpur, the petitioner ceased to be a 'Mutawalli' of the wakf committee as his appointment as Sadar of the Committee came to an end with the expiry of his term on 17.12.2006. With the constitution of the new committee, in which the name of the petitioner did not find place, the respondents issued the impugned order Annexure-5, quoted hereinabove, on 10.10.2007. In the aforesaid order dated 10.10.2007 it has clearly been stated that on account of the decision of the High Court for reconstitution of the committee and on account of the fact that in the newly reconstituted committee, the petitioner was no longer a Sadar of the committee and hence not a 'Mutawalli', therefore, by virtue of the provisions contained In Section 16(e) (i), the petitioner has ceased to be the mutawalli and, therefore, cannot be continued as a member of the Wakf Board. Section 16 clause (e)(i) reads as follows: "16. Disqualification for being appointed, or for continuing as a member of the Board.-A person shall be disqualified for being appointed, or for continuing as, a member of the Board if- (a) XXXX (b) XXXX (c) XXXX (d) XXXX (e) he has been on a previous occasion (i) removed from his office as a member or as a mutawalli, or (1) XXXXXXXX C" (emphasis supplied) 9. The aforesaid provision clearly in my view stipulates that on the cessation of the appointment as a 'Mutawalli', the member so elected by virtue of his being a 'Mutawalli', as in the case of the petitioner he shall be disqualified to continue as a member of the Wakf Board. On account of the formation of the new management committee in which the petitioner's name was not included, the petitioner is not entitled to continue to hold the office of the member of the Wakf Board having being elected against the seat reserved in the category of 'Mutawalli' under Section 14(1)(b)(iv) of the Act of 1995. 10. In that view of the matter, there is no force in this writ petition and the same is consequently dismissed summarily. In view of the fact that the writ petition has itself being heard and dismissed, the applications No. 7575 dated 25.2.2008. 7576 dated 25.2.2008. 10. In that view of the matter, there is no force in this writ petition and the same is consequently dismissed summarily. In view of the fact that the writ petition has itself being heard and dismissed, the applications No. 7575 dated 25.2.2008. 7576 dated 25.2.2008. and 14837 dated 17.4.2008 have become infructuous and are dismissed as such.Writ Petition Dismissed. *******