Managing Committee Of Wakf Has No Power To Remove Its Own Member; Only Wakf Board Can Do So: Karnataka High Court

The Karnataka High Court recently held that the Managing Committee of a Wakf would not have any power to remove a member of the Managing Committee appointed by the WAKF Board.Justice Suraj Govindaraj held thus while allowing a petition filed by Abdul Sattar and another, who had questioned the decision of the Badariya Jumma Masjid, Muslim Jamath, removing them from the Managing Committee. The petitioners argued that only the respondent No.1- WAQF Board which has the powers under Section 32(2)(g) of the WAKF Act, 1995 to appoint or remove the “mutawallis”. The substantial provision as regards the reasons for removal is in terms of Section 64 the WAKF Act, 1995 and procedure under Rule 58 of Karnataka WAKF Rules, 2017 are required to be followed before removal of any “mutawallis”. The Committee or any member of the Committee would also be covered within the definition “mutawallis” under Sub-section (i) of Section 3 of the WAKF Act, 1995. Thus, the action on the part of Masjid in removing them and appointing certain others is not sustainable and is required to be quashed.The counsel for the Masjid argued that there is a serious allegation which had been made against the petitioners for having abetted the suicide of the president of the respondent No. 3 Managing Committee, and it is in the background that the Managing Committee of respondent No.3 was required to take immediate action. The bench referring to the provisions of the Act said “The substantive right of removal granted under Section 32 (2)(g) of the WAKF Act, 1995 is to the WAKF Board and not to the committee. The reasons for removal are contained in Section 64, and the procedure to be followed is as per Rule 58, which details how the notice was to be issued by the Board. Neither Section 64 nor Rule 58 makes a mention of the Managing Committee.” It added “When all these three provisions are read together, it is clear that the Managing Committee has no power to remove any member of the Managing Committee; it is only the WAKF Board which has the power to do so.” Allowing the petition and quashing the impugned endorsements the bench said “Liberty is, however, reserved to the WAKF Board to initiate such proceedings as it may deem fit in the circumstances of the matter. Needless to say, since Annexure-E has been quashed, the petitioners would continue to be members of the Managing Committee.” Appearance: Senior Advocate K N Phanindra FOR Advocate Lethif B for Petitioner.Advocate Usman P for R1, R2. Advocate S.Balakrishnan for R3. Citation No: 2025 LiveLaw (Kar) 444Case Title: Abdul Sattar & ANR AND KARNATAKA STATE BOARD OF WAQF & OthersCase No: WRIT PETITION NO. 9113 OF 2025Click Here To Read/Download Order

Managing Committee Of Wakf Has No Power To Remove Its Own Member; Only Wakf Board Can Do So: Karnataka High Court

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