Gujarat high court (HC) has
sought an explanation from the Union ministry of minorities affairs and
the Central Wakf Council (CWC) for dissolving the earlier council before
its members completed fixed five-year term by including new members.
The HC has asked the authorities to submit their replies by January 11
in response to a petition filed by advocate Iqbal Shaikh who was
appointed as member of the CWC in May 2011 and removed from the council
by issuing another notification on November 23. With the new
notification, the Centre included former IPS and chairman of Gujarat
Wakf Board, A I Saiyed, and former aide of social activist Teesta
Setalvad, Rais Khan Pathan.
Shaikh has questioned the supersession of the notification issued in May 2011 by which he was appointed member of the council. He has demanded a stay on dissolution of the tenth council that was constituted by the 2011notification. He has cited rules of the Wakf Act to substantiate his contention that the term for the council members is fixed for five years from the date the members assume office, and removal of a member and dissolution of the council can take place only on occurrence of exigencies.
Besides, the appointment of Saiyed as council member took place just within two weeks of the CWC passing a resolution and authorizing the chairperson, Najma Heptullah, “to take up the matter with Gujarat chief minister for taking a strict action against the board and disqualifying them from holding any position in case found guilty“.
The CWC got angry with Saiyed and his team's decision to grant sale permission to various trusts to dispose of 26 properties after change in Wakf Act in 2013 prohibited the state Wakf Boards from doing so.
Sources: http://epaperbeta.timesofindia.com/Article.aspx?eid=31805&articlexml=HC-seeks-Centres-reply-over-scrapping-of-last-24122015007025
Shaikh has questioned the supersession of the notification issued in May 2011 by which he was appointed member of the council. He has demanded a stay on dissolution of the tenth council that was constituted by the 2011notification. He has cited rules of the Wakf Act to substantiate his contention that the term for the council members is fixed for five years from the date the members assume office, and removal of a member and dissolution of the council can take place only on occurrence of exigencies.
Besides, the appointment of Saiyed as council member took place just within two weeks of the CWC passing a resolution and authorizing the chairperson, Najma Heptullah, “to take up the matter with Gujarat chief minister for taking a strict action against the board and disqualifying them from holding any position in case found guilty“.
The CWC got angry with Saiyed and his team's decision to grant sale permission to various trusts to dispose of 26 properties after change in Wakf Act in 2013 prohibited the state Wakf Boards from doing so.
Sources: http://epaperbeta.timesofindia.com/Article.aspx?eid=31805&articlexml=HC-seeks-Centres-reply-over-scrapping-of-last-24122015007025
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