2025 INSC 535 : https://lawyerslibrary.in/books/yzye/
Supreme Court of India
*M.M. Sundresh, Rajesh Bindal, JJ.
Civil Appeal Nos. 3797 & 3798 of 2025; April 22, 2025
Md. Firoz Ahmad Khalid v. State of Manipur
Wakf Act, 1995 – Section 14 – Composition of Waqf Board – Tenure of Member Elected from Bar Council – Interpretation of Explanation II to Section 14(1)(b)
Whether a Muslim Member of the Bar Council, elected to the Waqf Board, can continue as a Member after ceasing to be a Member of the Bar Council.
Held: The term of a Muslim Member of the Bar Council on the Waqf Board is co-terminus with their membership in the Bar Council. Explanation II to Section 14(1)(b), though explicitly mentioning cessation of membership for Members of Parliament and State Legislative Assembly, impliedly applies to Bar Council Members. The eligibility for Board membership under Section 14(1)(b)(iii) hinges on current membership in the Bar Council. Allowing a former Bar Council Member to continue on the Board would violate the legislative intent and lead to unreasonable classification. The proviso to Section 14(2) supports this interpretation, allowing ex-Members only when no current Muslim Member is available. Impugned judgment of the Division Bench set aside, restoring the Single Judge’s order.
Asif Shaukat Qureshi v. State of Maharashtra (2016) overruled.
Appeals allowed.
Keywords: Wakf Act, Waqf Board, Bar Council, Section 14, Explanation II, Legislative Intent, Purposive Interpretation, Reasonable Classification, Expressio Unius Est Exclusio Alterius.