Supreme Court observed that the Madras High Court had erred in rendering the Board defunct, noting that such a stay was contrary to Section 22 of the Act and that the doctrine of necessity must apply to ensure the functioning of statutory bodies. Accordingly, the Court stayed the High Court’s order dated January 8, which had restrained the Board on the ground

The Special Leave Petition filed by the Tamil Nadu Waqf Board challenging the Madras High Court’s order restraining it from exercising its statutory functions was taken up for hearing today before a Bench of the Hon’ble Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi.

Senior Counsel P. Wilson, appearing for the Board, submitted that while eight members had already been appointed, three members were yet to be nominated due to practical difficulties arising from the Bar Council elections, since the statute mandates the appointment of a Bar Council member. He further apprised the Court that the continued non-functioning of the Board would significantly affect its administrative responsibilities, particularly in view of the impending month of Ramzan.

The Supreme Court observed that the Madras High Court had erred in rendering the Board defunct, noting that such a stay was contrary to Section 22 of the Act and that the doctrine of necessity must apply to ensure the functioning of statutory bodies. Accordingly, the Court stayed the High Court’s order dated January 8, which had restrained the Board on the ground that its composition did not include two non-Muslim members as required by law.

The Bench directed that the status of the remaining appointments be placed before it during next hearing and directed to the matter to be listed after 2 months.