COMMITTEE OF MANAGEMENT, MADARSHA ISLAMIA SCHOOL SOCIETY v. STATE OF UTTARAKHAND
2016-10-27
RAJIV SHARMA
body2016
DigiLaw.ai
JUDGMENT Hon’ble Rajiv Sharma, J. Petitioner has assailed the office memorandum dated 3.3.2014 issued by respondent no.3-Chief Executive Officer, Uttarakhand Waqf Board (Annexure No.21 to the petition). 2. By way of Writ Petition (M/S) No.537 of 2014, a learned Single Judge of this Court had relegated the petitioner to avail the alternative remedy available under the Waqf Act. However, Mr. Rakesh Thapliyal, Advocate appearing for the petitioner, has brought to the notice of this Court the order dated 24.08.2015 rendered by learned District Judge, Dehradun. It reads as under: - ‘24.8.15- Case called out. As a result of amendment in Section 84(4) in the Waqf Act carried out in the year 2013, the Waqf Tribunal should consist of Three Members. Hence, the directions have been sought from the Hon’ble High Court. Let the applications 6C2, 23A and 56A be produced on 1.10.15 for hearing.’ 3. The amendment carried out in Section 83(4) of the Waqf Act with effect from 20th September, 2013 reads as under: - “83(4) Every Tribunal shall consist of- (a) one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, who shall be the Chairman; (b) one person, who shall be an officer from the State Civil Services equivalent in rank to that of the Additional District Magistrate, Member; (c) one person having knowledge of Muslim law and jurisprudence; Member; and the appointment of every such person shall be made either by name or by designation.” 4. There is only one Judicial Member from the State Judicial Service. Neither any person from the State Civil Services nor any person having knowledge of Muslim law and jurisprudence has been appointed as the Member. The constitution of the Board as per Section 83(4) of the Act is of paramount importance, since the jurisdiction of the Civil Court is barred as per Section 85 of the Act. 5. Accordingly, the State Government is hereby directed to constitute the Waqf Tribunal strictly as per Section 83(4) of the Waqf Act, as quoted hereinabove, within a period of one month from today and to notify the same. 6. The Chief Secretary of the State of Uttarakhand shall be personally responsible to constitute the Tribunal. 7. Mr.
5. Accordingly, the State Government is hereby directed to constitute the Waqf Tribunal strictly as per Section 83(4) of the Waqf Act, as quoted hereinabove, within a period of one month from today and to notify the same. 6. The Chief Secretary of the State of Uttarakhand shall be personally responsible to constitute the Tribunal. 7. Mr. Lalit Samant, learned Brief Holder appearing for the State, has jotted down the crux of order and he is directed to convey the order to the Chief Secretary of the State, during the course of day itself. 8. In view of the above, the petition is disposed of. 9. Let a copy of this order be supplied to all concerned, today itself, on payment of usual charges.