A Division Bench of the Hyderabad High Court comprising Acting Chief Justice Ramesh Ranganathan and Justice K. Vijaya Lakshmi on Monday permitted quota meant for legislators (MLA/MLC) in the governing body of the Andhra Pradesh Wakf Board to be filled.
The Bench was dealing with an appeal filed by the Wakf Board. It was challenging the order of the single judge who permitted constitution of the governing body without filling the vacancy meant for the legislators.
Initially, a writ petition was filed by Mustafa Shaik of Guntur. The State government issued notification last August declaring that elections for members from the legislature and Muthavalli categories alone would be held. The petitioner contended that rules were changed in such a way that only ruling party legislator would be elected for the governing body. A single judge granted interim stay on formation of the Wakf Board but permitted the elections. The vacate petitions were filed by the government and the Wakf Board.
Another single judge later on declared that without filling the quota meant for the category, the governing body could be notified and constituted. This order was challenged in the present writ appeal. The Bench felt that the issue of the number of members to be elected from the legislature quota could be decided later and permitted the constitution of the Wakf Board. The person elected from the legislature quota could also be included, the Bench said.
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