The Supreme Court on Thursday stayed a Madras High Court order that had restrained the Tamil Nadu Waqf Board from exercising its statutory powers on the ground that its constitution was prima facie not in accordance with the Waqf Act.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi issued notice to the Tamil Nadu government and other respondents on a petition filed by the Waqf Board challenging the High Court’s January 8 order.
The Madras High Court had held that the composition of the Board did not comply with Section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, which prescribes the manner in which the Board is to be constituted.
The challenge before the High Court alleged:
- Non-nomination of one of the two members required under clause (d) of Section 14
- Non-compliance with the requirement that two members of the Bar, excluding ex-officio members, must be non-Muslims
While the State had submitted that the constitution of the Board was “almost complete” and that steps were being taken to fill the remaining positions, the High Court found the statutory mandate had not been fulfilled.
Observing that the composition was “prima facie not in accordance with the provisions of law”, the High Court restrained the Board from exercising any powers or functions under the Act.
The Waqf Board challenged the High Court’s order before the Supreme Court, contending that the restraint paralysed its statutory functioning.
The Supreme Court has now stayed the operation of the High Court’s directions and sought responses from the State and other parties.
The matter will be taken up after the respondents file their replies.
