Today, On 19th February, The Supreme Court of India has stayed the Madras High Court order that halted the Tamil Nadu Waqf Board’s powers. It stated, “Issue Notice… board has been made defunct is stayed, and the state government must propose constitution.”
The Supreme Court of India has put on hold the Madras High Court order that had stopped the Tamil Nadu Waqf Board from using its statutory powers.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi issued an interim order while responding to the Special Leave Petition filed by the TN Waqf Board, challenging the decision made by the Madras High Court.
The Supreme Court said the High Court’s understanding of the Board’s composition was not correct, especially on the point that the requirement of having two non-Muslim members was not fulfilled.
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The bench remarked,
“Issue Notice. Impugned order by which the board has been made defunct is stayed. The state government to place a proposal for the constitution of the board,”
During the hearing, Senior Advocate P. Wilson informed the Bench that the government had already appointed eight members and only three positions were still vacant. But the High Court had ruled that the Board was not properly constituted and therefore could not function.
Responding to this, Chief Justice Surya Kant disagreed with the High Court’s conclusion.
CJI Kant said,
Of course the High Court is wrong. Madras High Court order rendering the board defunct is stayed. Doctrine of necessity has to function,”
The Bench made it clear that the order which had practically made the Waqf Board non-functional cannot continue. This part of the High Court ruling has now been stayed.
While issuing the interim relief, the Supreme Court stressed that “the doctrine of necessity must apply”. The Court also asked the State to give complete clarity on the appointment of the remaining three members before the next hearing.
This stay order ensures that the Tamil Nadu Waqf Board can continue to operate until the Supreme Court examines the issue further.
The Court was addressing a Special Leave Petition regarding a Madras High Court ruling that prohibited the Tamil Nadu Waqf Board from exercising its powers, citing that it appeared not to be constituted in compliance with the law.
The writ petition presented in the High Court contested the formation of the Tamil Nadu Waqf Board under Section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
Case Title: Tamil Nadu Waqf Board v. State of Tamil Nadu
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