JUDGMENT 1. Heard the learned counsel for the petitioner, Sri Ajmal Khan learned counsel for the O.P. No.4, Sri A. A. Rizvi, learned counsel for the O.P. No.3, learned standing counsel as well as perused record. 2. Syed Zafar Raza son of Sri Zafar Abbas, resident of Tanda district Ambedkarnagar, moved an application before the Incharge, Shia Central Board of Wakf, U.P., Lucknow, on 27.2.2006 and Syed Kazim Raza on 4.8.2006 for appointment of Mutawalli for the Wakf in question. The deed of Wakf contains the condition that Mutawalli should be permanent resident of Tanda now, in District Ambedkar Nagar. The first Mutawalli was Syed. Mohd. Raza. After his death, his sons were appointed as Mutawalli. It has been alleged that later on, no one survived as direct descendant and in consequence thereof, the Syed Zafar Raza has installed his claim for the Office of Mutawalli. By the order dated 24.8.2006 the petitioner was appointed as Muntazim Mutawalli along with other five members of the Wakf which include Syed. Kazim Raza, O.P. No.4. Later on, private respondent filed objection against the order dated 24.8.2006 appointing the petitioner as Muntazim Mutawalli. The application was rejected by the District Incharge of Shiya Central Wakf Board, U.P. Feeling aggrieved, the private respondent preferred an appeal before the Appellate Authority i.e., Civil Judge (Sr. Div.), Faizabad. While passing the order dated 24.8.2006 the Board had appointed two persons namely, Smt. Wasim Zahra and Smt. Kaneez Zahra as members of the Committee who admittedly, are Pakistani National. 3. Learned Appellate Authority relied upon Section 63 of the Wakf Act, 1995 (In short the Act), which provides that Mutawalli shall be appointed in terms of condition provided in the Wakf deed and in case there is a dispute, the Board has got power to appoint any person as Mutawalli for such period as it may think fit. For convenience Section 63 of the Act is reproduced as under: 63. Power to appoint mutawallis in certain cases.---When there is a vacancy in the office of the mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is disputed, the Board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit. Keeping in view the fact that two of the members of the Committee, namely, Smt. Wasim Zahra and Smt. Kaneez Zahra are residents of Pakistan and also residing in Pakistan, and they could not have been appointed as members of the Wakf , the Appellate Authority has set aside the order dated 24.8.2006 and 12.3.2007. 4. It has not been disputed that one of the conditions of the Wakf deed is that only a person residing in the city/Tanda Tahsil, may be appointed as members of the Wakf. While passing the impugned order, in pursuance of power conferred under Section 63 of the Act, it was not open to Board to appoint the two persons as members of the Committee, who are Pakistani National. The Board has failed to discharge its obligations vested under the Act. Otherwise also, the spirit of the Act is to appoint a person as member of the Committee who is Indian National. No foreigner can be appointed as member of Wakf Committee by the Board. The appointment of two Pakistani Nationals, vitiates the entire order of selection and appointment. 5. The argument has been advanced that the private respondent should have invited attention of the Board at initial stage with regard to involvement of Pakistani National. Only because private respondent knowingly or unknowingly has not informed the Board with regard to appointment of the two Pakistani Nationals as members of the Committee, it shall not validate the impugned order by which the members of the Committee along with the managerial post has been filled up involving Pakistani National. 6. Sub-section (2) of Section 1 of the Act at the face of record, shows that it shall extend to whole of India except the State of Jammu and Kashmir. Section 2 of the Act provides that the Act shall apply to all wakfs whether created before or after the commencement of this Act. Clause (a) of Section 3 of the Act defines the word, 'beneficiary' which means a person or object for whose benefit a wakf is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law. Clause (h) of Section 3 of the Act defines the word, 'member' which means a member of the Board and includes the Chairperson. Clause (h) of Section 3 of the Act defines the word, 'member' which means a member of the Board and includes the Chairperson. Clause (i) of Section 3 of the Act defines the word, 'mutawalli' which means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf or wakf property provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation. 7. A combined reading of definition clause of (i) of Section 3 of the Act with Section 1 and 2 of the Act, reveals that appointment of mutawalli should be strictly done in accordance with condition of wakf deed. It further reveals that only those persons may be appointed as mutawalli or member of the committee under the wakf deed who are Indian National. Accordingly, no foreigner can be appointed as per member of committee or mutawalli by the Board. 8. So far as the submission of the petitioner's counsel that even if part of order is held to be illegal, because of the appointment of Pakistani National, it shall not vitiate entire order. Once the combine order has been passed appointing mutawalali as member of wakf in question, then entire order vitiates because of inclusion of two unqualified persons. However, in the event of setting aside the impugned order by the Appellate Authority, it shall always be open to the Board to take a fresh decision in accordance with law strictly in terms of the wakf deed. 9. In nutshell, only such person may be appointed as Mutawalli or member of Committee, who is an Indian National, or is an Indian National resides in the territory where the Act is applicable in terms of wakf deed. 9. In nutshell, only such person may be appointed as Mutawalli or member of Committee, who is an Indian National, or is an Indian National resides in the territory where the Act is applicable in terms of wakf deed. The appointment of any person, who is a foreigner and residing outside the territory of the applicability of the Act, shall frustrate the very object and purpose of the Act. Such person may not be under the supervisory, administrative or statutory control of the Board or the State authorities. It may be detrimental to public interest and may create a complex problem. The appointment of foreigner like in the present case, is not only violative of condition of the Wakf deed, but also is against the statutory mandate of the Act. 10. It has been vehemently argued by the petitioner's counsel that appointment of Pakistani National should have been informed to the Board at initial stage. How and under what circumstances, the two Pakistani National were appointed as members of the wakf, and whether they were appointed with oblique motive, is a disputed question of act and requires for investigation. The Superintendent of Police Ambedkarnagar shall look into the matter and proceed in accordance with law, in case the inclusion of the names of the two Pakistani National as member of Committee by the impugned order, was done with oblique motive for anti-national activities. 11. The Registry of this Court shall send a copy of this order to the Superintendent of Police, Ambedkarnagar, as well as Collector, within a week to look into the matter. 12. The impugned order passed by the Appellate Authority does not seem to suffer from any infirmity or illegality. 13. The writ petition is devoid of merit and is dismissed in limine.