Prasagraj: Hearing the writing petition that challenges the election notice to hold a selection of Waqf Council of Shiite Council, the High Court of Allahabad has directed the state government to submit a counter-afidavit which states specifically about what ‘mutawallist’ has been chosen for electoral colleges and whether before choosing their care was taken to determine their annual waqf income with an audit to ascertain whether they would be eligible to become a member of the election college under the Waqf Law, 1995.
Hearing the petition was submitted by one Alamah Zameer Naqvi and others, the division bench Consisting of Justice Manoj Misra and Justice Jayant Banerji on July 14 directing that elections, if any, which is held, will be subject to a writing petition decision.
The court was directed to include this for the next hearing on August 23.
According to the Petitioner, the election notices on March 24, 2021 to hold a selection of members of the Shia Synia Waqf Council was not sustainable to the determination of ‘mutawallis’ on the annual revenue waqf of RS.1 Lakh and above.
It was said that under WAQF ACT, 1995, board members must be chosen by electoral colleges which one of the constituents is ‘mutawallis’ of waqf which has annual income of Rs.1 Lakh and above.
It was handed over that part 46 and 47 from the ACT WAQF imagined the annual Wakf audit training to ensure income.
The applicant’s case is that such exercises have not been done and, with the absence, there are no legitimate election colleges and, therefore, election notices are not sustainable.
The problem requires consideration.
‘Mutawalli’ is the person who manages Wakf.
Under Muslim law, ‘Mutawalli’ has no rights in Wakf’s property.
The property is also not inside him.