Monday, January 30, 2023

Allahabad High Court refuses to stay election of Shia Waqf Board chairman

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The Lucknow Bench of the Allahabad High Court on Monday refused to stay the election of the chairman of the Shia Waqf Board. 

The Division Bench of Justice Ramesh Sinha and Justice Vivek Varma passed this order while hearing a petition filed by Syed Waseem Rizvi. The senior counsel appearing for the petitioner submitted that the impugned notification dated October 22, 2021, has been issued in absolute violation of the provisions contained under Section 14(1)(b) of the Waqf Act, 1995.

On the other hand, H.P. Srivastava, Additional Chief Standing Counsel, submitted that the petitioner being a member of the elected board has no right to challenge the notification dated October 22, 2021, and as such, the writ petition at his behest is not maintainable.

The Court has issued notice to respondents. “In order to the normal course of service, the petitioner shall also take dasti summons to serve the said respondents and an affidavit of service to the said effect shall be filed by the petitioner on the next date of listing. All the respondents are allowed three weeks’ time to file a counter-affidavit,” the Court ordered. The Court has fixed the next hearing of the petition on November 22.

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