Supreme Court Holds Supersession of Waqf Board by Tamil Nadu Government as Illegal

A Supreme Court bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah in the case of State of Tamil Nadu vs. K. FAZLUR RAHMAN [CA NOS.3603­3605 Of 2020 ] has upheld the Madras High Court’s decision stating that the supersession of Tamil Nadu Wakf Board by the state government was illegal.

The Tamil Nadu Government has passed a supersession order, which was later challenged in the High Court. The order was passed on the ground that the state had no option but to supersede the board as there are only 10 members in the Board at the relevant time after Member of Parliament demitted office and that the number of nominated members were more than the elected members. However, the division bench of the High Court held that supersession order was not sustainable.

Sr. Adv C.S. Vaidhyanathan, Sr.Adv Ratnakar Dash, Advocate Mehmood Pracha were the representing counsels in the case. The court held that Syed Ali Akbar and Dr. Haja K. Majeed shall continue to occupy their office till their normal tenure of five years from 10.10.2017.

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