The court asserts that only the Wakf Board holds the authority to appoint or remove mutawallis, nullifying recent committee actions.
In a significant ruling, the Karnataka High Court has quashed the removal of members from the Managing Committee of a Wakf institution, emphasizing that the power to appoint or remove mutawallis rests solely with the Wakf Board. The judgment, delivered by Justice Suraj Govindaraj, responded to a writ petition filed by Abdul Sattar and others against their removal by the Managing Committee of the Karnataka State Board of Waqf.
The petitioners contended that their removal and the subsequent appointment of others were unauthorized actions taken by the Managing Committee, violating the provisions under the Wakf Act, 1995. They argued that only the Wakf Board, under Section 32(2)(g) and Section 64 of the Wakf Act, has the jurisdiction to make such decisions. The High Court agreed, stating that the Managing Committee lacks the authority to remove or appoint mutawallis.
The case centered around two special meetings held on October 11 and 13, 2024, where the petitioners were allegedly removed from their positions. The court issued a writ of certiorari, quashing the proceedings of these meetings, and restored the petitioners to their positions within the Managing Committee. However, the court granted the Wakf Board the liberty to initiate appropriate proceedings if deemed necessary.
Justice Govindaraj's order highlighted the procedural lapses and emphasized the importance of adhering to the statutory provisions under the Wakf Act and the Karnataka Wakf Rules, 2017. The ruling serves as a reminder of the Wakf Board's exclusive powers in matters concerning the appointment and removal of managing committee members.
This verdict underscores the judiciary's role in ensuring that statutory bodies operate within the framework of the law, preserving the integrity and intended function of the Wakf institutions.
Bottom Line:
WAKF Act, 1995 - The power to remove a member of the Managing Committee or mutawalli vests solely with the WAKF Board under Section 32(2)(g) and Section 64 of the Act, and not with the Managing Committee.
Statutory provision(s): Wakf Act, 1995 Sections 32(2)(g), 64, Karnataka Wakf Rules, 2017 Rule 58
Abdul Sattar v. Karnataka State Board Of Waqf, (Karnataka) : Law Finder Doc Id # 2828488
