By A. Mirsab, TwoCircles.net,
Aurangabad (Maharashtra): Taking serious note of the fact that Maharashtra Government has not appointed Waqf board chairman and many other members in each category of the board, Aurangabad divisional bench of Bombay High Court has given ultimatum to the state government and has asked to file affidavit with clear answers.
On Tuesday the divisional bench of Justice S S Shinde and Justice P R Bora was hearing a petition filed by activists Khalil Shaikh and others that had urged High court to issue writ directing government to nominate members in all categories of the board and also to appoint its chairman, the post which is vacant since long time.
The state government has been provided time till April 20 to file its reply failing which, the High Court has summoned Secretary of State Minority Department on April 22.
Bombay HC
The petition was actually filed in February 2014 and was not taken up for hearing until March 24, 2015 when Justice R V Ghule and Chief justice Mohit S Shah asked state government to reply within a week as to when will it be appointing Chairman of the board and other members.
On March 31, 2015, the Public Prosecutor N B Patil informed court that state will require four more months for appointment of chairman whereas three months for filling other members’ posts. This time the petition was heard by divisional bench of Justice S S Shinde and Justice P R Bora.
Countering state’s submission before the court Adv. S S Kazi who appeared for the petitioner argued,” The board members’ posts for various categories are vacant ever since establishment of the state board by the government in 2002 and hence the matter should be taken seriously”.
Dissatisfied with number of adjournments of the matter on Public Prosecutor’s request and ambiguous reply of the government in the affidavit, High court said, “Though this matter is adjourned from time to time, at the request of learned AGP, there is no clear and concrete statement appearing in the affidavit in reply filed by the respondents about prayer clause B of the petition.”
At the end divisional bench provided deadline till April 20 to the Maharashtra Government to submit affidavit replying all issues raised in the petition, failing which it has directed Secretary of State Minority Department to remain present on the hearing.
The court observed, “In the circumstances, we direct Respondent No.2 to file an affidavit in reply in answer to prayer clauses (B) and (C) referred above. Such affidavit is to be filed on or before 20th April, 2015, failing which, Respondent No.2 (Secretary of State Minority Department) shall appear before this Court on 22nd April, 2015.”
The clauses B and C in the petition read as follows:
(B) By way of issuing writ of mandamus or any other writ or direction or order in the like nature, the respondent Nos. 1 and 2 be directed to form the Waqf Board of Maharashtra by electing/nominating members from each category and also to appoint a Chairperson in accordance with the provisions of Sections 13 and 14 of Waqf Act, 1995
(C) By way of issuing writ of mandamus or any other writ or direction or order in the like nature, the Respondent Nos. 1 and 2 be directed to appoint requisite staff required for administration of Waqf Board of Maharashtra.
The Maharashtra Waqf board came into existence on August 16, 2002. Before its establishment every work related with the Waqf properties in the districts of the state was taken care of by the respective Charity Commissioner of the district.
The petition states that even before establishment of Waqf board in Maharashtra state there was Waqf office in Aurangabad that used to look after Marathwada Waqf properties. It was made head office of state Waqf board and the responsibilities of the office members was extended from Marathawada to the complete state but number of members were not increased.
It also states that after the retirement of late Abdul Aziz in August 2007, no Chair person was nominated by the state government to the date and hence number of posts for various members in each categories of the board and a post of Chair person is vacant since a long time.
The matter will now be heard by the high Court on April 20.