The Supreme Court has stayed a Madras High Court order that had restrained the Tamil Nadu Waqf Board from exercising its powers over the issue of non-Muslim members.The High Court on Jan. 8 ruled that the Board’s constitution did not comply with the law as it lacked two non-Muslim members required under Sec. 14 of the Waqf Act, 1995. The order had effectively rendered the Board defunct.
A Bench led by CJI Surya Kant, along with Justices JoymalyaBagchi and Vipul M Pancholi, granted interim relief after the Board challenged the High Court decision. The Chief Justice observed that the High Court order was incorrect and invoked the doctrine of necessity to allow the Board to function.
Senior Advocate P Wilson, appearing for the Waqf Board, informed the court that eight members have already been appointed and only three vacancies remain. The Bench directed the Board to clarify at the next hearing who will fill the remaining posts.
The High Court had acted on a plea pointing out that one member under Clause d and one under Clause f of Section 14 had not been nominated, including the required non-Muslim members.
The Supreme Court’s stay restores the Board’s authority to manage waqf properties and continue its administrative functions until further orders. The matter will now proceed with the apex court seeking details on the pending appointments.
The ruling provides immediate relief to the Board and ensures continuity in its management.