Syed Shah Muhammad Al Hussaini, Petitioner v. Union of India and others, Respondents.

R.P. SETHI, C.J. AND K.R. PRASADA RAO, J.

Wakf Act (43 of 1995), Section 14 - Validity -Constitution of Board - Appointment of members - Provisions as to under Section 14 – Not violative of guarantees prescribed under Articles 14, 15, 25, 26 of Constitution.

The intention of the composition of the Board and the purpose of the Act is to administer the property and not to give representation to the Muslim jurists or theologists. The elected Muslim Members have been sought to be included in the Board upon consideration of their obligation and responsibility to the people in general and Muslims in particular. Responsible elected Members of the Parliament, State Legislature and Bar Council are rightly intended and expected to come to the expectation of the law makers and contribute positively for providing better administration of Wakfs and for matters connected therewith or incidental thereto.

The plea that as Mutawallis of the Wakf having an annual income of Rupees One Lakh or above are only held eligible to be members of the Board, the provision to that effect is discriminatory and violative of Article 14 of the Constitution, would not be tenable. (Source: AIR 1999 Karnataka 112)