SC: Once Bar Council Tenure Ends, Membership in Waqf Board Also Ceases

The Supreme Court has held that a Muslim member nominated to a State Waqf Board based on their position in a State Bar Council cannot continue as a member of the Waqf Board after their term in the Bar Council ends.

The bench overruled the Manipur High Court’s earlier view, which had permitted a person to remain on the Waqf Board despite the end of their Bar Council term. The apex court clarified that the eligibility for nomination under Section 14(1)(b)(iii) of the Waqf Act is tied specifically to holding current membership in the State Bar Council.

According to the Court, once a person’s tenure as a State Bar Council member is over, their nomination to the Waqf Board automatically ceases, and no separate removal process is required. The Court emphasized that the provisions of the Waqf Act should be interpreted strictly, and allowing a person to remain on the Board beyond their qualifying tenure would defeat the intent of the legislation.

This verdict reinforces the principle that statutory nominations must align precisely with eligibility conditions and not extend beyond the specified term.