2015 (6) TMI 1228 - HC - Indian Laws

Jurisdiction - Refusal to pass an order of temporary injunction - impugned order passed by a chairman and a member - within jurisdiction and coram non-judice or not - Section 83(4) of the Waqf Act 1995 - HELD THAT - The legislatures were conscious of the eventuality that the filling of the vacancy may take some time and there cannot be a moratorium or keeping the Board defunct until the vacancy is filled. The aforesaid Section clearly reflects the legislative intent that the defect in the Constitution or vacancy shall not invalidate any act or the proceedings and the Board of Auqaf. The like provision has not made in relation to an act or proceedings before the Waqf Tribunal at the time of enactment of the said Act as the said Tribunal was composed of one member - In absence of similar provision the intention of the legislature is manifest that the authority which derives power from a statute are required to discharge strictly inconformity therewith. The Tribunal not validly constituted passes any order or entertain any proceeding is acting without jurisdiction and such actions are nullity. Admittedly the impugned order is passed by the Tribunal consisting of a Chairman and one member when the statute mandates that the composition of the Tribunal shall be of three persons one of which should act as a chairman and others as a members thereof. The impugned order per se is a nullity and suffers from coram non-judice. This Court therefore finds that the impugned order passed by the Tribunal suffers from incurable infirmities and illegalities and therefore cannot be sustained. The order impugned is thus set aside. The State is directed to constitute the Tribunal strictly inconformity with sub-Section 4 of Section 83 of the Waqf Act 1985 within six months from the date of the communication of this order - The revisional application is thus disposed of.

Summary

Issues:
Validity of Waqf Tribunal composition

Analysis:
The judgment concerns an application challenging an order of the Waqf Tribunal West Bengal, which refused to grant a temporary injunction to the petitioner. The main legal contention raised was that the Tribunal, composed of a chairman and a member, lacked jurisdiction as the law required a composition of three persons. The relevant legal provision, Section 83(4) of the Waqf Act 1995, was amended in 2013 to specify the composition of the Tribunal as including a chairman from the State Judicial Service and two other members. The petitioner argued that the Tribunal's order, passed by only a chairman and a member, was invalid and coram non-judice.

The judgment delves into the historical context of Wakf laws in India, highlighting the need for effective supervision and regulation of Wakfs, leading to the enactment of the Wakf Act 1954. Subsequent amendments, including the 1995 Act, aimed to streamline the functioning of Wakf Tribunals. The 2013 amendment to Section 83(4) mandated a three-member composition for the Tribunal, emphasizing transparency and certainty in decision-making. The legislative intent was to ensure proper functioning and adherence to statutory requirements.

The petitioner's argument centered on the jurisdictional competence of the Tribunal due to its composition. The judgment emphasized that the impugned order, issued by a chairman and a member instead of the required three members, was a nullity and coram non-judice. As per the statutory provisions, any action taken by an authority not validly constituted is without jurisdiction and null. Consequently, the impugned order was set aside, and the State was directed to reconstitute the Tribunal within six months in compliance with the statutory requirements.

In conclusion, the judgment underscores the importance of adhering to legal provisions regarding the composition of statutory bodies like the Waqf Tribunal. The decision ensures the proper functioning and validity of Tribunal actions by upholding the prescribed composition requirements, thereby safeguarding the integrity of judicial proceedings in matters concerning Wakfs.