Mumbai: The Nagpur bench of the Bombay high court stayed the elections to the Waqf board that were held in August, after a member of the Waqf board complained that he was removed from the board so that he could not contest the elections.
The petitioner had prayed that as his appointment to the board was not co-terminus as his term as the Bar Council chairman, his removal from the board after his term as chairman came to an end was done with prejudice. The court upheld the petition and also stayed the outcome of the elections.
A division bench of Justices B.P. Dharmadhikari and Indira Jain was hearing a petition filed by former Bar Council chairman advocate Asif Quereshi regarding his ouster from the Waqf board five days before the elections for the post of the chairman. Mr Quereshi had contended that not only was his removal from the board illegal, but it was also done at the behest of vested interests as he was intending to contest the elections as well.
But the newly-appointed chairman, who was also an intervener, wanted Mr Quereshi’s membership discontinued on the grounds that he had no right to continue as a member once he ceased to be a member of the Bar Council.
After hearing the two sides, the bench quashed the removal of Mr Quereshi basing its decision on relevant rules of the Waqf Act of 1955 and also set aside the election.
