HC seeks Govt reply in plea against Shia Waqf Board poll

Prayagraj: Hearing a writ petition challenging the election notification for holding election of members of Shia Central Waqf Board, the Allahabad high court has directed the state government to file a reply (counter-affidavit) stating specifically as to on what basis the ‘mutawallis’ have been selected for the electoral college and whether before selecting them care was taken to determine the annual income of their waqf by an audit to ascertain whether they would qualify to be members of the electoral college under the Waqf Act, 1995.
Hearing a writ petition filed by one Allamah Zameer Naqvi and another, a division bench comprising Justice Manoj Misra and Justice Jayant Banerji on July 14 directed that the election, if any, held in between shall be subject to the decision of the writ petition. The court directed to list this matter for next hearing on August 23.
According to the petitioner, the election notification dated March 24, 2021 for holding election of members of Shia Central Waqf Board is not sustainable until determination of ‘mutawallis’ of waqfs that have annual income of Rs.1 lakh and above. It is stated that under the Waqf Act, 1995, the members of the Board are to be elected by an electoral college of which one of the constituents are ‘mutawallis’ of such waqfs that have annual income of Rs.1 lakh and above.
It is submitted that Sections 46 and 47 of the Waqf Act envisage an annual exercise of audit of a waqf to ascertain its income. The case of the petitioner is that such an exercise has not been conducted and, in absence thereof, there can be no valid electoral college and, therefore, the election notification is unsustainable. The matter requires considerations.
‘Mutawalli’ is the person who manages a wakf. Under the Muslim Law, a ‘mutawalli’ has no right in the property belonging to the wakf. Nor is property vested in him.