JUDGMENT : Vasanti A. Naik, J. Rule. Rule made returnable forthwith. The writ petition is heard finally at the stage of admission with the consent of the learned counsel for the parties. 2. By this writ petition, the petitioner seeks a declaration that the tenure of the respondent No.3 as a member of the respondent No.1Wakf Board was co-terminus with his tenure as a Member of the State Legislative Council and he ceases to be the member of the Wakf Board on the expiry of his tenure as a Member of the Legislative Council. 3. The controversy involved in this writ petition is short and revolves around the provisions of Section 14 of the Wakf Act, 1995. The relevant provisions of section 14 of the Wakf Act read thus - 14. Composition of Board. (1) The board for a State and the [the National Capital Territory of Delhi] shall consist of - (a) a Chairperson; (b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of - (i) Muslim Members of Parliament from the State or, as the case may be, [the National Capital Territory of Delhi], (ii) Muslim Members of the State Legislature, [(iii) Muslim members of the Bar Council of the concerned State or Union territory: Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from the State or the Union territory, and;] (iv) mutawallis of the [auqafs] having an annual income of rupees one lakh and above. [Explanation I. For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category. Explanation II. [Explanation I. For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category. Explanation II. For the removal of doubts, it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in sub-clause (i) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under sub-clause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State or National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;] It is clear from the provisions of Section 14 that the Wakf Board of a State comprises of a Chairman and not more than two members from each of the electoral colleges consisting of (i) Muslim Members of Parliament from the State, (ii) Muslim Members of the State Legislature, (iii) Muslim Members of the Bar Council of the concerned State and (iii) Mutawallis of the Wakfs having an annual income of rupees one lakh and above. 4. The respondent No.3 was a Member of the Legislative Council and was declared to be elected as a member on the Wakf Board by the Notification, dated 03/05/2012. The Notification mentions that the respondent No.3 was duly declared elected from the electoral college of Muslim Members of the State Legislature of Maharashtra as a Member of the Maharashtra State Board of Wakfs. It is not in dispute that the respondent No.3 was elected under Section 14 (1)(b)(ii) of the Act. The respondent No.3 ceased to be the Member of the Legislative Council on the expiry of his term on 19/06/2012. Despite, the fact that the respondent No.3 ceased to be the Member of the Legislative Council on 19/06/2012, the respondent No.3 continues to function as the member of the Wakf Board. 5. The respondent No.3 ceased to be the Member of the Legislative Council on the expiry of his term on 19/06/2012. Despite, the fact that the respondent No.3 ceased to be the Member of the Legislative Council on 19/06/2012, the respondent No.3 continues to function as the member of the Wakf Board. 5. According to the petitioner, since the tenure of the respondent No.3 as a Member on the Wakf Board was co-terminus with his tenure as the Member of the Legislative Council, the respondent No.3 ceased to be the Member of the Wakf Board from 20/06/2012. It is stated that though the provisions of Explanation-II to Section 14 (1) of the Act stipulate that a Member of the Wakf Board shall be deemed to have vacated the office no sooner than he ceases to be a Member of the State Legislative Assembly, the respondent No.3 has continued to act as a Member of the Wakf Board. It is stated that a declaration that the respondent No.3 ceases to be a Member of the Board be made, as he ceases to be the member of the Legislative Council. 6. The counsel for the respondent No.3 has opposed the prayer made in the writ petition. It is stated that the term of office of a Member of the Wakf Board is for a period of five years and since the respondent No.3 was declared to be elected as a Member of the Wakf Board by the Notification dated 03/05/2012, the respondent No.3 is entitled to continue till 02/05/2017. 7. On a reading of the provisions of Section 14 of the Act, specially the Explanation- II to Section 14 thereof, it appears that the respondent No.3 is deemed to have vacated the office of the Member of the Wakf Board on 19/06/2012, the day, on which he ceased to be a Member of the Legislative Council. Section 14 provides for the election of the members from four electoral colleges namely, (i) the Muslim Members of the Parliament from the State, (ii) the Muslim Members of the State Legislature, (iii) the Muslim Members of the Bar Council of the concerned State and (iv) the Mutawallis of the Wakfs having annual income of rupees one lakh and above. Admittedly, the respondent No.3 was elected from the electoral college of the Muslim Members of the State Legislature. Admittedly, the respondent No.3 was elected from the electoral college of the Muslim Members of the State Legislature. The respondent No.3 was a Member of the Legislative Council and was elected as a member of the Wakf Board in terms of the provisions of Section 14 (1)(b)(ii) of the Act. The respondent No.3 ceased to be the member of the Legislative Council on the expiry of the term, on 19/06/2012. In view of Explanation-II to Section 14 (1) of the Act, the respondent No.3 is deemed to have vacated the office of the member of the Wakf Board with effect from 19/06/2012, since he ceased to be a member of the Legislative Council on that day. As Explanation-II to the provisions of Section 14 (1) of the Act was inserted only for the purpose of removal of doubts and it was made clear that a Member of Parliament or a Member of the State Legislative Assembly would be deemed to have vacated the office of the member of the Wakf Board from the date from which he ceases to be a Member of Parliament from the State or a Member of State Legislative Assembly, the respondent No.3 is deemed to have vacated the office as the member of the Wakf Board with effect from 20/06/2012. The respondent No.3 could not have continued to function as a member of the Wakf Board after he ceased to be a Member of the Legislative Council as his tenure on the Wakf Board was co-terminus with his tenure as a Member of the Legislative Council. The respondent No.3 cannot continue as the member of the Wakf Board till the completion of the normal tenure of five years as per Section 15 of the Act as he ceases to be a member of the Board, no sooner than he ceases to be the Member of the Legislative Council in view of the provisions of Explanation-II to Section 14(1) of the Act. A declaration, as sought by the petitioner, would be necessary. 8. Hence, for the reasons aforesaid, the writ petition is allowed. It is hereby declared that the respondent No.3 has ceased to be the member of the Wakf Board with effect from the date on which he ceased to be the Member of the Legislative Council. Rule is made absolute in the aforesaid terms. No costs.