This story is from March 19, 2021
HC seeks govt reply on Shia Board election
Lucknow: The Lucknow bench of Allahabad high court has asked the state government under which authority of law it has appointed an administrator in the Shia Waqf Board.
It further asked the state as to when it would initiate the process of election to constitute the board. It also directed the appearance of a special secretary level officer before it on March 25 in order to assist it in the matter.
A division bench of Justice DK Upadhaya and Justice Manish Kumar passed the order on a writ petition moved by one Asad Ali Khan. The petitioner’s lawyer Abhinab Singh pleaded that there was no provision under the Waqf Act 1955 and the rules framed there-under for appointment of any administrator in the board in case the elections could not be held on time. In course of hearing, the bench found that last election of the board was held on May 19, 2015, for a term of five years and the term of the elected body expired on May 19, 2020, but subsequently the election could not be held to constitute new body due to the novel coronavirus pandemic.
The government appointed administrator on March 16to look after affairs of the board, but it was reluctant to start the election process for no obvious reason, pleaded the petitioner.
A division bench of Justice DK Upadhaya and Justice Manish Kumar passed the order on a writ petition moved by one Asad Ali Khan. The petitioner’s lawyer Abhinab Singh pleaded that there was no provision under the Waqf Act 1955 and the rules framed there-under for appointment of any administrator in the board in case the elections could not be held on time. In course of hearing, the bench found that last election of the board was held on May 19, 2015, for a term of five years and the term of the elected body expired on May 19, 2020, but subsequently the election could not be held to constitute new body due to the novel coronavirus pandemic.
The government appointed administrator on March 16to look after affairs of the board, but it was reluctant to start the election process for no obvious reason, pleaded the petitioner.
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