Chennai: The Madras HC ordered notice to state government and the Tamil Nadu Wakf Board (TNWB) on a petition which sought to restrain the chairman of the TNWB from discharging any quasi-judicial function by convening any meeting of the board in respect of wakfs in the state. Justice T.S. Sivagnanam posted to February 2 further hearing of the petition filed by Haji A. Abdul Rahman, president, ad hoc committee, Batlagundu Jumma Peria Pallivasal Wakf, Pudupet, which sought a direction to state government to constitute the wakf board as per the amended Act 27 of 2013 of Wakf Act, 1995.
According to Abdul Rahman, as per an amendment, only 12 members shall be constituted as members of the board, which includes 2 MPs, 2 MLAs and 2 from the bar council. In the 2014 LS elections, two sitting members of the wakf board were not re-elected as MPs and their membership was now void. Of the two members elected from the TN bar council, one member died.
As of now, only five elected members are functioning in the board along with five nominated members. Section 14 (4) of the Act provides that the number of elected members shall always be more than the nominated members. Hence, the present board is not legally entitled to function and any orders passed by it are illegal.
