Supreme Court stays Madras HC order halting TN Waqf Board functioning over lack of non-Muslim members

The Supreme Court on Wednesday stayed a Madras High Court order that restrained the Tamil Nadu Waqf Board from exercising any powers and functions on the ground that the constitution of the body was not in accordance with the law.

In the order passed on January 8, the High Court had particularly noted that the Board did not have two non-Muslim members as required by the law.

Today, a Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi stayed the order on a plea moved by the Waqf Board.

"Of course the High Court is wrong. Madras High Court order rendering the board defunct is stayed. Doctrine of necessity has to function," CJI Kant said.

Senior Advocate P Wilson, representing the Board, earlier submitted that eight members have been appointed to the Board.

"Only three are remaining. High Court says with this, the Board cannot function," Wilson added.

The Court ordered that it be informed about the remaining appointments on next date of hearing.

"Let us know on next date who can be these three members also," the CJI said.

The High Court had passed the order on a plea stating that one out of two persons as mandated in Clause (d) of Section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 and one member of the Bar Council as mandated in Clause (f) of Section 14 had not been nominated.

It was also stated that non-Muslim members were not appointed to the Board.