There appears to be a unique situation evolving ahead of the Telangana State Waqf Board (TSWB) polls on February 28. As it turns out, the only two Muslim members of the State Bar Council have filed their nominations, under the Muslim Member of Bar Council (MMBC) category.
According to sources at the TSWB, nominations were received from members of State Bar Council, M A K Mukheed, and sitting board member from the MMBC category, Z H Javeed.. Both candidates have submitted their forms without signature of a proposer.
“This is a unique situation and has not happened before. Previously Mr Javeed became the member of the board under Bar Council member category because he was the only Muslim member of the Bar Council. He would become the board member unopposed. But now, we have two Muslim members of the Bar Council. Both have filed their nominations and both have been accepted. It will be interesting to see what happens when both candidates from this electoral college vote for themselves. Then there would be a tie.,” said a TSWB source.
Apart from filing their nominations, both have sought intervention, the source said. While Mr Mukheed has written to the Election Officer, who is the Hyderabad District Collector, invoking Section 14 (3) of the Waqf Act, Mr Javeed moved the Telangana High Court seeking relief.
Speaking to The Hindu, Mr Mukheed said, “Section 14 (3) talks about elections not being “reasonably” possible to constitute an electoral college. In this case, the Bar Council Member category. In such a scenario, the State government can nominate a member as it sees fit. I have filed my nomination and submitted a representation to the Election Officer about this. This is for the first time that two Muslim members of Bar Council are there,” Mr Mukheed said.
On the other hand, Mr Javeed moved the HC challenging GO MS 09 dated February 9, 2022. The GO pertains to the reconstitution of the TSWB and the schedule of elections.
Mr Javeed filed a writ petiton and sought relief by citing Section 14 of the Waqf Act which deals with the composition of the board. It states that there can be “one and not more than two” members from the Bar Council. However, the GO has made provision for only one Muslim member of Bar Council.
The order in the case reads that the Advocate General who represented the TSWB has submitted that “to prefer a valid nomination for election of member of Telangana State Waqf Board by a member of the Bar Council, when the candidate himself presents the nomination, signature of the proposer is not necessary on Form - III.”
