HIGH COURT OF CHHATTISGARH AT BILASPUR WritAppeal No.260 of 2010 APPELLANT: Petitioner Moinuddin Qureshi, S/o Shri Sirajuddin Qureshi, aged about 37 years, R/o Pachpedi Naka, Dawra Colony, LIG-12, Raipur(CG) Versus RESPONDENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. State of Chhattisgarh, Through Secretary, Adim Jati, Anusuchit Jati, Pichra Varg Avem Alpsankhayak Kalyan Vibhag, DKS Bhawan, Raipur t Chief Executive Qfficer, Chhattisgarh Rajya Waqf Board, Sector -3, C/12, Devendra Nagar, Raipur (CG) Shri Mohd. Salim Asharfi, Chairman, Wakf Board, R/o Gafoor Manjil, Mahodapara, Raipur (CG) Janab Badaruddin Qureshi, Ex- Member of Legislative Council, Presently Vidhayak, Bhilai Vidhan Sabha Kshetra, R/o 32 Bungalow, Bhilai, District Durg (CG) Janab Mohammad Akbar, Vidhayak, Virendra Nagar Vidhan Sabha Kshetra, R/o Mohadapara, K.K. Road, Raipur (CG) Janab S. Faizal Rizvi, Advocate, G.E. Road, Raipur (CG) Janab Hazi Mohammad Shahid Hussain, Advocate, R/o Plot No. C- 103, Golchha Plaza, Nalghar Chowk, Raipur (CG) Janab Hazi Abdul Jabbar Changal, R/o Banstal, Raipur (CG) Janab Moulana Akbar Ali Faruqui, R/o Madrasas, Baijnathpara, Raipur (CG) Janab Hafiz Mohammad Azam, R/o Kasimpara, Imam Masjid, Bilaspur (CG) ^ :^?^±^?r'-^r^^ s' sgs's-.y&^ ;|i ^S^s^ ^' '*s£s-^f ' 11. Smt. Moshina Kedwai, Member of Parliament & member of Wakf Board, R/o B-307, B.K. Marg, New Delhi Present: ShriN.K. Vyas, counsel forthe appellant. Shri Arun Sao, Govt. Advocate for the State. Shri Prateek Sharma, counsel for respondent No.3. Division Bench: Hon'ble Shri Dhirendra Wlishra & Hon'ble Shri R.N. Chandrakar, JJ. JUDG N1 E NT (9-8-2010) 1. The appellant had filed a Writ Petition No.5163/2007 and prayed for a direction to respondent No.1 to reconstitute the Wakf Board as per the provisions of the Wakf Act. 2. The ground taken by the appellant in the writ petition was that the State Government notified constitution of Wakf Board on 11-12-2001. The term of members (including the Chair Person) is 5 years according to Section 15 of the Wakf Act, 1995 (for short 'the Act of 1995') and as such the term expired on 10-12-2006, even thenrespondents No.3 to 11 are occupying the office of the members of the Wakf Board. 3. Learned Single Judge dismissed the writ petition with an observation that first notification was not given effect to by virtue of interim order dated 26-12-2001 passed in Writ Petition No.2683/2001, which was , vacated on 13th July, 2005 and reconstitution of the Board was done vide notification dated 21-7-2003 (Annexure-P/4) and, therefore,it cannot be held that the term of members came toan end from the date of composition/establishment of the Wakf Board, as per the provisions of Section 13 read with Section 14 of the Act of 1995. It has been further held that establishment of Wakf Board was not for a fixed term, but on a perpetual succession, as is evident from sub-section (3) of Section 13 of the Act of 1995. The members are appointed for fixed term of 5 years from the date they hold the office as per the provisions of Section 15 of the Act of 1995. It has been also held that each member is entitled to continue for a period of 5 years from the date they held the office, pursuant to the notification appointingthem as Chairman/member of the Board. 4. At the outset, Shri Prateek Sharma, learned counsel for respondent No.3, placing photocopies of the notifications dated 16 June,2010,3 July, 2010 and 16th July, 2010, issued by the Tribal and Scheduted Caste Development Department of the State Government, submitted that by the aforesaid notifications, the State Wakf Board has been reconstituted and Shri Mohd. Salim Asharfi, Shri Mohd. Azam, Shri Mohd. Akbar, Shri Badruddin Qureshi, Shri Faizal Rizvi, Shri Shahid hlussain, Shri Abdul Razzak, Shri Moulana Qazi Shahabuddin and Smt. Mohsina Kidwai have been appointed members of the Board, as period of 5 years for which respondents No.3 to 1 1 were appointed has expired. 5. Shri N.K. Vyas, learned counsel for the appellant, submitted that he has filed the instant appeal mainly on the ground that term of 5 years as prescribed under Section 15 ofthe Act of 1995 cannot be extended on account of stay order passed by the High Court on 26-12-2001 and the members were elected/nominated after the notification of constitution of theWakf Board in'the mid term cannot be continued •^ after the expiry of 5 years term from 11-12-2001, the date orrvi/hich notification constituting Wakf Board was issued. 6. Heard learned counsel for the appellant and perused the impugned order. 7. Learned Single Judge, after elaborately considering the relevant provisions under sub-section (3) of Section 13 and Section 15 of the Actof 1995, has held that establishment of the Board was not fora fixed term, but on a perpetual succession. Further considering the provisions contained in Section 15 of the Act of 1995, it has been held that the members are appointed for a fixed term of 5 years from the date they hold the office and each member is entitled to continue for a period of 5 years from the date they held the office, pursuant to the notifiGation appointing them as Chairman/member of the Board. 8. We entirely agree with the above reasoning given by learned Single Judge for dismissing the writ petition and we find no substance in this writ appeal. We summarily dismiss the appeal at the admissionstage itself. ^" Barve Sd/- DhirendraMishra Judge Sd/- R.N. Chandrakar Judge