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PIL says Gujarat Waqf Board functioning illegally

The petition states that in February 2011, the state had issued a notification to reconstitute the Gujarat State Waqf Board after the Waqf (Amendment) Act, 2010, was enacted by Parliament

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The state Waqf Board office
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A public interest litigation filed in the Gujarat High Court has challenged alleged illegal functioning of the Gujarat Waqf Board and its misuse of funds, and also the state's inaction in appointing new members to the board after the tenure of the present board expired in 2016.

A division bench headed by chief justice R Subhash Reddy has issued notices to the board and the state government in the matter.

The petition states that in February 2011, the state had issued a notification to reconstitute the Gujarat State Waqf Board after the Waqf (Amendment) Act, 2010, was enacted by Parliament.

It states that after the five-year tenure of the board expired on February 21, 2016, the term of appointment could not be extended and members of the board could not hold office even provisionally. Yet, said the PIL, the board continued to function illegally and misused funds.

It said that a PIL and a civil application had been filed in 2016 and 2017 respectively in the case. At that time, following notices to the state, the assistant government pleader had told the high court that the state had already initiated the process to constitute the Board.

The high court in 2017 passed an order on the civil application restraining AI Saiyed, chairman of the board, from taking any decision on behalf of the board.

The court also asked the government to expedite the constitution of the board. The court had at that time disposed of both the PIL and the civil application after the government pleader made a statement that the state would complete the procedure for reconstitution of the Waqf board by October 2017.

The petitioners argued that the present PIL was necessitated after the government failed to comply with the earlier directions of the high court.

EARLIER ORDER

In 2017, HC asked the government to expedite constitution of the Waqf board, and restrained the Board’s chairman from making any decisions.

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