New Delhi: The Allahabad High Court has issued a contempt notice to Monika Garg, Additional Chief Secretary of the Minority Welfare and Waqf Department, Uttar Pradesh, for failing to conduct elections for vacant Sunni Waqf Board positions. The notice questions why contempt proceedings should not be initiated against her for willful non-compliance with the court’s March 11, 2024, directive.
This legal action has reportedly unsettled the Uttar Pradesh government, drawing attention to the prolonged delay in filling the board’s vacant seats. The issue came to the forefront following a petition by Mohammad Ishaq (Bobby Chaudhary) in the Lucknow Bench of the Allahabad High Court last year, demanding elections for two unfilled Sunni Waqf Board positions, which he argued were affecting the board’s functioning.
During the hearing, Advocate Krishna Kanhaiya Pal, representing the petitioner, emphasized that under Section 14(1)(B) of the Waqf Act 1995, two Muslim Members of the Uttar Pradesh Assembly are required to be elected to the Sunni Waqf Board. Despite this legal mandate, the Minority Welfare Department had failed to issue an election notification, causing administrative stagnation.
The High Court had previously sought a response from the UP government in 2024, during which its legal representative assured that the election process was underway. However, the government failed to meet the deadline set by the court, leading to suspicions of political interference. It is alleged that Monika Garg refrained from issuing the notification under the instructions of Chief Minister Yogi Adityanath.
Additionally, political dynamics within the state legislature are believed to be influencing the delay. Abbas Ansari, an MLA from Mau and a member of Om Prakash Rajbhar’s Suheldev Bharatiya Samaj Party (SBSP), a BJP ally, has been incarcerated, preventing his participation in the board. Meanwhile, Danish Azad Ansari, a minister in the Yogi Adityanath government, is ineligible as he is a member of the Legislative Council. If elections proceed, it is speculated that only two Samajwadi Party (SP) MLAs would qualify, potentially shifting the political balance within the board.
Following the government’s failure to act, Mohammad Ishaq filed a contempt plea against the administration. During the latest hearing, Justice Manish Kumar accepted the plea and issued a contempt notice against Monika Garg, demanding an explanation for her non-compliance with the March 11, 2024, court order. The court has scheduled the next hearing for April 2025.
Monika Garg, a senior IAS officer, holds a crucial bureaucratic position, ranking just below the Chief Secretary. The High Court’s legal action has sparked concern within government circles, with discussions underway about why the directive was ignored for nearly a year. The issuance of the contempt notice is expected to have significant legal and political repercussions for the UP administration.
The coming weeks will determine whether the state government takes corrective action or faces further legal consequences for its failure to comply with the High Court’s ruling.
