Other States

HC refuses to return powers to the Waqf Board

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: The Delhi High Court has refused to stay a notification by which the Aam Aadmi Party (AAP) government had superseded the Delhi Waqf Board and transferred its powers to the Revenue Department for six months.

The notification, issued on October 10, stipulated that in accordance with Section 99(2)(b) of the Waqf Act, 1995, all the powers and duties of the Board would be exercised and performed by the Delhi government’s Revenue Secretary.

The Bench of Justice Rajiv Sahai Endlaw refused to stay the notification on a writ petition moved by the Waqf Board’s Chairperson, Rana Parween Siddiqui, saying that five of the seven members in the Board had resigned and only the remaining two had challenged the notification. The petitioners, however, contended that the resignation of five members would be finalised only after the L-G issued a notification, and that till the new members were elected, the older ones would continue.

Meanwhile, the Centre told the court that the Delhi government’s notification did not have the concurrence of the Union government or the Lieutenant-Governor Najeeb Jung.

The court has issued notices to the Centre and Delhi government asking them to file their replies. The next hearing is on February 1.

Ms. Siddiqui has separately moved another writ petition in the High Court seeking directions to the Delhi government that her election as the Waqf Board Chairperson be notified. She was elected as Chairperson on January 20 this year but the Delhi government did not notify the election. The High Court on April 29 directed the Delhi government to maintain status quo vis-a-vis the position of Chairperson till further orders.

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Printable version | Jan 20, 2020 9:12:21 AM | https://www.thehindu.com/news/national/other-states/hc-refuses-to-return-powers-to-the-waqf-board/article7906790.ece

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