New Delhi — The Supreme Court has ruled that only active Muslim members of a state Bar Council are eligible to serve on a Waqf Board, setting aside a previous Manipur High Court division bench verdict, reported the Bar and Bench.
A bench comprising Justices M M Sundresh and Rajesh Bindal clarified that an individual must meet two key criteria to qualify for the Waqf Board: they must be Muslim and must hold an active position either in Parliament, a State Legislative Assembly, or a Bar Council.
The ruling came in response to 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. His appointment had replaced a predecessor who lost their council seat in December 2022 elections.
Although a single judge of the High Court had upheld Khalid’s appointment, a division bench overturned that decision, arguing that there was no explicit legal requirement for a bar council member to vacate their Waqf Board position upon losing bar membership.
However, in its 25-page judgment, the apex court disagreed, emphasizing that continued eligibility hinges on active bar council membership. The only exception is when there are no other serving Muslim members in the council—a condition applicable in Khalid’s case.
The court reinstated the single judge’s verdict and upheld Khalid’s appointment, noting he is currently the only Muslim in the Manipur Bar Council, which makes him eligible under the second proviso of Section 14(2) of the Waqf Act.
