Waqf Board Membership Co-Terminus with Bar Council Tenure: SC

MD. Firoz Ahmad Khalid Vs State of Manipur & Ors. (Supreme Court of India)

Summary: The Supreme Court considered whether a Muslim Member of a State or Union territory Bar Council, elected as a Member of a Waqf Board under Section 14 of the Waqf Act, 1995, can continue as a Board Member after ceasing to hold office in the Bar Council. The appeals arose from the Manipur High Court proceedings concerning the appointment of Md. Firoz Ahmad Khalid to the 7th Waqf Board Committee after respondent No. 3 ceased to be a Member of the Bar Council of Manipur. Section 14 of the Waqf Act, 1995 is discussed in detail in overview of the Waqf Act and statutory bodies.

The Single Judge of the High Court had dismissed Writ Petition (Civil) No. 304 of 2023 after finding that respondent No. 3 had lost the Bar Council election and, therefore, could no longer satisfy the requirement under Explanation II to Section 14(1)(b). The Division Bench reversed that conclusion. It held that Explanation II expressly addressed Members of Parliament and Members of the State Legislative Assembly and did not expressly refer to a Muslim Member of the Bar Council. It consequently set aside the appointment of the appellant and directed continuation of respondent No. 3 until completion of his Board tenure under Section 15.