The Madurai Bench of the Madras Excessive Courtroom has clarified that the expression ‘senior Muslim advocate’ isn’t confined to a delegated senior counsel for the aim of nomination to the Tamil Nadu Waqf Board.
Justice G.R. Swaminathan noticed that the expression ‘any senior Muslim advocate’ occurring within the proviso to Part 14 (1)(b)(iii) of the Waqf Act was not confined to the designated senior counsel.
“It additionally contains these Muslim advocates who’re 45 years of age and who’re in apply for not lower than 10 years previous the date of consideration for nomination”, the decide mentioned and dismissed a petition that sought to quash a authorities notification.
For the reason that variety of elected members to the Waqf Board grew to become lower than the nominated members of the Board, the federal government outdated the Board. Nonetheless, the superseding can final for a interval not exceeding six months and might be prolonged by one other six months.
However the interval of steady supersession shall not exceed for greater than a 12 months. Because the prolonged interval was about to run out, a notification was issued by the Election Authority to the Authorities Backward Courses and Minorities Welfare Division.
This notification was challenged by Advocate M. Imam Hussain who mentioned that as an alternative of selecting senior counsel, the federal government has chosen to deal with ex-members of the Bar council of Tamil Nadu because the electoral school.
As per the Waqf Act, the composition of the Board contains two Muslim members of the Bar council of the State. If there is no such thing as a Muslim member of the Bar, the State authorities can nominate any senior Muslim advocate from the State.
The proviso comprises the expression ‘any Senior Muslim Advocate’. The phrase advocate is certified by the adjective ‘Muslim’ and stands in between ‘senior’ and ‘advocate’. The legislature has not used the time period ‘Muslim Senior Advocate’.
It could actually due to this fact solely imply the senior among the many Muslim advocates and can’t be confined to the Muslim advocates designated as senior advocates beneath the Advocates Act, 1961, the decide mentioned.