'Have Withdrawn GO Allowing State Waqf Board To Issue Marriage Certificates': Karnataka Govt Tells High Court

The Karnataka Government on Thursday informed the High Court that it has withdrawn its earlier order dated August 30, 2023, authorising the State Waqf Board and its officers to issue marriage certificates to married Muslim applicants.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha in its order noted that “AGA has handed over a memo enclosing there with a Government Order, withdrawing the order impugned in the present petition. Thus the relief sought for petitioner does not survive and accordingly the petition is disposed of.” Earlier by its order dated November 21, 2024 had kept in abeyance the impugned order. A public interest litigation filed by one A Alam Pasha had questioned the government order. The petitioner has sought to declare the government order dated August 30, 2023, issued under the hands of the Under Secretary to the government, Minority, Wakf and Haj Department, as being inconsistent with and repugnant to the provisions contained in the Wakf Act, 1995, and therefore declare it as ultra vires to the Act.The bench, while passing interim orders said, “In view of the strong prima case the impugned order dated 30-8-2023 authorizing the State Board of Waqf and its officers to issue marriage certificates shall remain in abeyance till the next date. The Waqf board or its officers shall not issue marriage certificates under the guise of the said order till the next date. It is difficult to perceive that marriage certificates issued by Waqf board or officers which are without authority could be used as valid certificates for any official purpose".It had added “Any careful reading of the provisions of section 32 of the Waqf Act in no manner provides that Waqf board or its officers would be said to be invested with powers to issue marriage certificates".The issuance of marriage certificates is neither a matter connected with better administration of Waqf nor is a matter incidental to the administration of the Waqf for which Act has been enacted and Waqf board is constituted to function."Under this specious ground that applicants of community are to be facilitated with the issuance of marriage certificates by Waqf officers to alleviate them from the difficulties they may face is no ground to justify authorization of Waqf officers to issue marriage certificates, when Waqf Act 1995 in none of its provisions would be read to confer such powers," the court had said."In the above view prima facie the impugned orders although operative since long are clearly beyond the powers and amount to usurpation of powers which are not available under law much less the Waqf act," the court had underscored.Case title: A Alam Pasha AND State of Karnataka & OthersCase No: WP 19284/2024Citation No: 2025 LiveLaw (Kar) 337

'Have Withdrawn GO Allowing State Waqf Board To Issue Marriage Certificates': Karnataka Govt Tells High Court

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