Conduct of Election for Members of Tamil Nadu Waqf Board under the Waqf Act, 1995, Deferment of Mutawallis Election
The Backward Classes, Most Backward Classes and Minorities Welfare Department issued Notification No. II(2)/BCMBCMW/506(d)/2020 through Letter No. 4055/T1/2020-02 dated August 18, 2020, deferring the election of two Tamil Nadu Wakf Board members from the Mutawalli category. The election had been scheduled for August 19, 2020, but was deferred following an order of the High Court of Madras concerning two people already elected from that category.
What the notification does
Notification No. II(2)/BCMBCMW/506(d)/2020 of the Backward Classes, Most Backward Classes and Minorities Welfare Department postpones the election of two Tamil Nadu Wakf Board members from the Mutawalli category. The notification does not announce a replacement election date.
The notification was signed by the Election Authority and Principal Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare Department. It was published in the Tamil Nadu Government Gazette Extraordinary on August 18, 2020.
Background to the election
The earlier election programme was published in the Tamil Nadu Government Gazette Extraordinary dated July 15, 2020. It covered electoral colleges consisting of:
- Muslim Members of Parliament.
- Muslim members of the State Legislature.
- Muslim former members of the Bar Council.
- Mutawallis.
Under that programme, the Mutawalli category election was scheduled for August 19, 2020.
Reason for the deferment
Three writ petitions before the High Court of Madras challenged the supersession of the Tamil Nadu Waqf Board and the election notification for reconstituting the Board. These were W.P. No. 726/2020, W.P. No. 8377/2020 and W.P. No. 9557/2020.
In an order dated August 17, 2020, the High Court of Madras upheld the supersession of the Tamil Nadu Waqf Board, except in relation to two people elected from the Mutawalli category:
- Thiru Syed Ali Akbar.
- Dr. Haja K. Majeed.
Following that court order, the scheduled election for two Mutawalli category members was deferred.
Who is affected
Notification No. II(2)/BCMBCMW/506(d)/2020 directly concerns Mutawallis participating in the electoral college for Tamil Nadu Wakf Board membership and the administration of that election. It also concerns the two named people whose election from the Mutawalli category was addressed by the High Court of Madras.
Relevance to property owners and buyers
The notification deals only with the timing of a Tamil Nadu Wakf Board election. Its text does not change land ownership, property registration, land classification, planning permission or procedures for property transactions.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Was the Mutawalli category election cancelled permanently?
The notification says the election scheduled for August 19, 2020 was deferred. It does not state that the election was permanently cancelled or provide a new date.
Why was the Tamil Nadu Wakf Board election deferred?
The High Court of Madras upheld the Board's supersession except in relation to Thiru Syed Ali Akbar and Dr. Haja K. Majeed, who had been elected from the Mutawalli category. The election for two Mutawalli category members was therefore deferred.
Does this notification change rights over waqf land or other property?
No property rights or land procedures are changed in the notification. It addresses only the deferment of the Mutawalli category election.
Which election categories were included in the original programme?
The programme covered electoral colleges consisting of Muslim Members of Parliament, Muslim members of the State Legislature, Muslim former members of the Bar Council and Mutawallis.
