Legal Provisions Involved: Sections 3, 32, and 64 of the Wakf Act, 1995, and Rule 58 of the Karnataka Wakf Rules, 2017.

Judgement by: Karnataka High Court

Judge/Bench: Justice Suraj Govindaraj

Facts

Some members of the Managing Committee of Badariya Jumma Masjid were removed by the Managing Committee itself. The removed members challenged this decision, saying the Committee had no legal power to remove them.

Key Legal Provisions

Sections 3, 32, and 64 of the Wakf Act, 1995, and Rule 58 of the Karnataka Wakf Rules, 2017.

Issues Raised

Can the Managing Committee remove its own members without the Wakf Board’s approval?

Arguments of the Case

The petitioners argued that only the Wakf Board can remove committee members and that the proper legal process was not followed. The respondents said the removal was necessary due to serious allegations against the petitioners.

Judgement

The Court held that the Managing Committee has no authority to remove any of its members. Only the Wakf Board can do so by following the law. The removal was set aside, and the petitioners were allowed to continue as committee members.

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