Chennai: A Madras high court order restraining the Tamil Nadu Waqf Board from exercising any powers and functions on the grounds that its composition did not include two non-Muslim members, as required by law, was stayed by the Supreme Court on Thursday.The first bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi, observed that the high court erred in rendering the board defunct and that the doctrine of necessity must apply to ensure the functioning of statutory bodies.
The court passed the order on an appeal moved by the Tamil Nadu Waqf Board challenging the high court order dated Jan 8. The first division bench of the HC observed that the constitution of the board, as it existed that day, prima facie was not in accordance with the provisions of law.Representing the board, senior advocate P Wilson submitted that while eight members were already appointed, three members were yet to be nominated due to practical difficulties arising from the Bar council elections, since the statute mandates the appointment of a Bar Council member.The senior advocate further contended that the continued non-functioning of the board would significantly affect its administrative responsibilities, particularly in view of the month of Ramzan.Concurring with the submissions, the apex court passed an interim order staying the operation of the order passed by the high court dated Jan 8. The court then directed the board to place the status of the remaining appointments before it during the next hearing and adjourned the appeal for two months.
