Waqf Board: Demand Mounts for Supersession
Waqf Board | Hyderabad, August 6: In a significant development that could reshape the governance of waqf board in Telangana, a formal appeal has been made to the Revanth Reddy’s Government calling for the immediate supersession of the Telangana State Wakf Board.
The request is based on alleged legal inconsistencies, administrative dysfunction, and non-compliance with the recently enacted Wakf (Amendment) Act, 2025.
The representation, addressed to the Chief Secretary, cites grave concerns about the legal standing and operational viability of the current Board.
It contends that the present composition of the Board violates core provisions of the Wakf Act, including both the original 1995 Act and its 2025 amendment, and is therefore unfit to discharge its statutory responsibilities.
Waqf Board: Legal Contradictions in Board Composition
The Wakf Board, constituted in 2022 for a five-year term, is reportedly functioning with more nominated than elected members , a clear contravention of Section 14(4) of the unamended Wakf Act, 1995.
This clause explicitly mandates that elected members must outnumber nominated ones. The matter was earlier reviewed by the Additional Advocate General, whose legal opinion confirmed that the Board’s current structure fails to meet statutory requirements, rendering it incapable of holding valid meetings.
Moreover, following the enforcement of the Wakf (Amendment) Act, 2025, effective from April 8, 2025, elections for Board positions under the previous legal framework are no longer feasible.
The amendment drastically overhauled Section 14, vesting complete authority in the State Government to nominate all Board members, with limited exceptions for existing elected members.
Non-Implementation of Amended Provisions
The amended Act, though challenged in the Supreme Court, remains partially in effect. The Apex Court had paused enforcement of specific provisions only until May 5, 2025. With no further extensions announced, the remaining provisions, including changes to Board structure and meeting requirements, are legally enforceable.
Despite these changes, the current Wakf Board is allegedly yet to comply. Notably, it has failed to convene the mandatory monthly meetings stipulated under the new Section 14 and has not initiated the appointment of auditors from the official panel, as required by the amended Section 47 of the principal Act.
Waqf Board: Call for Supersession Under Section 99
The petition invokes Section 99 of the unamended Wakf Act, 1995, which remains valid and empowers the State Government to supersede a Board that is unable to perform its duties or has consistently violated statutory obligations.
According to this provision, if the functioning of the Board is deemed injurious to the interests of Auqaf (Wakf institutions), the government is within its rights to dissolve the body and assume temporary control of its assets.
The plea highlights that the Board’s continued existence, under its current non-functional state, is detrimental to the proper administration of Wakf properties across the state.
The representation calls for a judicially supervised inquiry, preferably under the oversight of a sitting High Court judge, to review all resolutions passed by the Board over the past three years.
It asserts that such an investigation would likely reveal a pattern of legal violations sufficient to justify supersession.
Need for Urgent Government Action:
The appeal concludes with a strong recommendation for the State Government to exercise its powers under Section 99 and dissolve the existing Wakf Board. It further urges full implementation of the Wakf (Amendment) Act, 2025, in order to restore transparency, accountability, and legality in the management of Wakf institutions in Telangana.
With the governance of thousands of religious and charitable properties at stake, this development places the onus firmly on the State Government to act swiftly in protecting the sanctity and integrity of Wakf administration.
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