New Delhi, February 19 The Supreme Court on Thursday stayed a Madras High Court order restraining the Tamil Nadu Waqf Board from exercising any functions, observing that its constitution was prima facie not in accordance with the provisions of law.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi issued notice to the Tamil Nadu government and others, seeking their response to the petition filed by the waqf board challenging the high court's January 8 order.
The high court had passed the order on a plea challenging the constitution of the waqf board, citing grounds including that one out of the two persons mandated under clause (d) of Section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, has not been nominated.
The plea before the high court also claimed non-compliance of the mandate that two of the total members of the Bar appointed under sub-section (1) of Section 14, excluding ex-officio members, shall be non-Muslim.
Section 14 of the Act deals with the composition of the board.
Before the high court, the counsel for the state argued that the constitution of the board is almost complete, as the majority of members have already been nominated or appointed, and that steps are being taken to complete the appointment of the remaining members.
In its order, the high court noted that the mandate of the second proviso—that two of the total members of the board appointed under sub-section (1), excluding an ex-officio member, shall be non-Muslim—has also not been fulfilled.
"The constitution of the board, as it exists today, is prima facie not in accordance with the provisions of law," the high court said.
"In view of the above, the board cannot be allowed to exercise any powers and functions under the act. The board is hereby restrained from exercising any powers and functions," it said.