Court quashes Waqf Tribunal's administrative directions beyond adjudicatory jurisdiction; directs Gujarat State Waqf Board to conduct inquiry and take action strictly under Wakf Act, 1995
In a significant judgment delivered on October 13, 2026, by Justice Mool Chand Tyagi of the Gujarat High Court, a landmark decision was made delineating the respective roles and powers of the Waqf Tribunal and the Gujarat State Waqf Board concerning the administration and management of Waqf properties.
The case arose from disputes involving the Porbandar Suryawad Memon Jamat Wakf, where Mohammad Yusuf Mohammad Punjani, the appellant and duly appointed Muttavalli (manager), challenged certain administrative orders issued by the Waqf Board, particularly the appointment of election officers without proper procedure and the subsequent directions by the Waqf Tribunal involving the seizure of Wakf properties, initiation of criminal complaints, and appointment of an Administrator.
The Waqf Tribunal had earlier quashed the appointment of the Election Officer and Assistant Election Officer by the Waqf Board on grounds of non-compliance with statutory procedures. However, it went further to direct the Waqf Board to take possession of the Wakf's accounts and properties, lodge criminal complaints against the appellant and others, appoint an Administrator, and manage the election of successor trustees.
The appellant contested these directions, arguing that the Waqf Tribunal had exceeded its jurisdiction by assuming supervisory and administrative powers vested exclusively in the Waqf Board under the Wakf Act, 1995.
The High Court, after carefully analyzing the statutory scheme of the Wakf Act and relevant Supreme Court precedents, upheld the appellant's contention that the Waqf Tribunal is essentially an adjudicatory body with powers limited to dispute resolution under Section 83 of the Act. The Court emphasized that supervisory, administrative, and regulatory powers regarding Waqf management lie solely with the Waqf Board.
While acknowledging the serious allegations of maladministration, mismanagement, and financial irregularities against the Wakf Board and the appellant, the Court noted that failure or inaction of the Board cannot enlarge the Tribunal's jurisdiction beyond the statutory framework. Consequently, the Court quashed the Tribunal's directions to seize properties, lodge criminal complaints, and appoint an Administrator as being beyond its mandate.
However, recognizing the gravity of the complaints and the fact that no trustee elections had been held since 1996 despite bye-laws mandating annual elections, the Court remanded the matter to the Gujarat State Waqf Board. The Board was directed to conduct a thorough inquiry into the complaints strictly in accordance with the Wakf Act and Rules, after affording all concerned parties an opportunity of hearing. The Board is to complete this process and take appropriate consequential action within three months.
The Court underscored that the Waqf Board must henceforth diligently discharge its statutory duties related to the administration, management, and protection of the Waqf properties, ensuring compliance with all procedural requirements. The Board must also ensure that elections for trustees are conducted in accordance with the Wakf's constitution and bye-laws.
This judgment clarifies the division of powers within the statutory framework governing Waqfs, reinforcing the principle that adjudicatory authorities cannot usurp administrative functions expressly assigned to statutory boards. It seeks to ensure that allegations of mismanagement are addressed through proper statutory procedures while maintaining the constitutional balance of powers.
Bottom Line:
Wakf Act, 1995 - Waqf Tribunal is essentially an adjudicatory body and cannot assume supervisory or administrative powers vested in the Waqf Board - Tribunal may quash illegal action of Board, but cannot direct taking over of accounts and properties, appointment of Administrator, lodging of criminal complaint, or other measures falling within Board's statutory domain - Matter remanded to Waqf Board to conduct inquiry strictly in accordance with law.
Statutory provision(s):
Wakf Act, 1995 - Sections 3(r), 3(i), 32, 38, 42, 67, 70, 71, 83, 85
Mohammad Yusuf Mohammad Punjani v. Gujarat State Waqf Board, (Gujarat) : Law Finder Doc Id # 2997186
