**Supreme Court Rules on Eligibility of Waqf Board Members**
The Supreme Court has ruled that a Muslim member of a state bar council is no longer eligible to serve on the state Waqf Board if they are no longer in an active position within the bar council. This decision was made by a bench consisting of Justices M M Sundresh and Rajesh Bindal, who addressed the issue of whether an individual who ceases to be a Muslim member of a bar council can retain their membership on the Waqf Board.
In a significant ruling, the Supreme Court overturned a previous judgment by a division bench of the Manipur High Court. The court clarified that two conditions must be met for eligibility as a member of the Waqf Board: the candidate must be from the Muslim community and must hold an active position as a Member of Parliament, a State Legislative Assembly member, or a Bar Council member. If an individual no longer meets these criteria, they cannot continue to serve on the Board.
The case arose from an appeal by Md Firoz Ahmad Khalid, who was appointed to the Manipur Waqf Board in February 2023 after being elected to the Manipur bar council. He succeeded another individual who lost their position in the bar council following the December 2022 elections. While a single judge of the high court upheld Khalid’s appointment, the division bench later reversed this decision, stating that the law did not explicitly require a bar council member to vacate their Waqf Board position upon leaving the bar council.
Justice Sundresh, in a detailed 25-page judgment, disagreed with the division bench’s ruling. The judgment specified that a former bar council member could only be considered for Waqf Board membership if there are no current Muslim members in the bar council, as outlined in the second proviso to Section 14(2) of the Waqf Act. Consequently, the bench reinstated the single judge’s decision, affirming Khalid’s position on the state Waqf Board.
The court noted that Khalid is currently the only Muslim member of the bar council, a fact acknowledged by the state of Manipur during his appointment to the board. The ruling emphasizes the importance of maintaining the eligibility criteria for Waqf Board membership, ensuring that the representation of the Muslim community is upheld.
**FAQ**
**Q: What are the eligibility criteria for a member of the Waqf Board?**
A: To be eligible for the Waqf Board, a candidate must be from the Muslim community and hold an active position as a Member of Parliament, State Legislative Assembly, or Bar Council member.
