Failure of the state govt to constitute three-member Wakf Tribunal
By A Mirsab, TwoCircles.net,
Mumbai: The Bombay High Court has ruled that till the state government forms a three-member tribunal all the Wakf-related cases filed hereafter will be tried before the civil court. It has also declared ‘null and void’ all the decisions taken by the single-member tribunal in the cases admitted on or after November 1, 2013.
As per the Wakf Amendment Act, 2013 that came into force on November 1, 2013 there will be three-member tribunal that will listen to Waqf related disputes. But so far the state government has failed to constitute such a tribunal and continued with the single-member tribunal.
Justic R G Ketkar while hearing a Wakf related petition between “Magnum Developers and Ors. Vs Lal Shah Baba Dargah Trust ‘on Friday observed that single member tribunal has no jurisdiction to try the cases after the amended act came into force in November 2013 and thus all the decisions taken so far would be treated as null and void.
In its 60 page order High Court, it set aside single tribunal order and said, “Impugned order passed by the Tribunal is quashed and set aside on the ground that the said order is without Jurisdiction”
And ordered the civil court, “Applications shall be decided by the Civil Court after return of Plaint on their own merits on the basis of material on record and in accordance with law uninfluenced by the observations made herein.”
According to amendments, the three member tribunal consists of – one person, who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class-I, who shall be the chairman of the tribunal. The second member shall be an officer from the State Civil Services equivalent in rank to that of the additional district magistrate, while the third member to be appointed on the tribunal should be an expert having knowledge of Muslim Law and jurisprudence.