HC notice to TN govt over plea on Waqf Board administration

HC notice to TN govt over plea on Waqf Board administration Chennai, Jan 14 (PTI): A petition has been filed in the Madras High Court challenging the decision of the Tamil Nadu government to take over administration of the Waqf Board. Admitting the plea moved by advocate K Fazlur Rahman, a division bench of Justice M Sathyanarayanan and Justice R Hemalatha directed the state Minorities Department to respond to the plea by February 28.

According to the petitioner, the state Waqf Board comprises a chairperson, one and not more than two members elected from each of the electoral colleges consisting of Muslim members of Parliament from the state, Muslim members of the state legislature, Muslim members of Bar Council of the state. In case there is no Muslim member of the Bar Council, the state, as the case may be, may nominate any senior Muslim advocate from the state, he submitted.

This apart, the Waqf Act mandates that, at all times, the number of elected members of the board shall be more than the number of nominated members. Accordingly, election was notified for the board through a notification dated September 6, 2017 by the state minorities welfare department. One Muslim MP from the state, two MLAs and Mutawallis were elected.

As there was no Muslim member from the state Bar council, two designated senior advocates A Sirajudeen and M Ajmal Khan were appointed as members. However, treating the two senior advocates as nominated members and not elected members, the state issued an order dated September 18, 2019 and took over the administration of the board for violating the Act by having more nominated members than elected.

Aggrieved, the petitioner moved the present petition challenging the order..

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