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Legal ambiguity clouds T Waqf Board after 2025 Act amendment

Legal ambiguity clouds T Waqf Board after 2025 Act amendment

Time of India09-05-2025

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Hyderabad: The
Telangana Waqf Board
is currently facing uncertainty regarding its legal status following the amendment of the
Waqf Act 2025
, which was passed by Parliament last month. While board chairman Syed Azmatullah Hussaini is pushing to convene a meeting of the board, the state govt is unsure whether the existing board is legally valid under the amended law.According to section 14 of the amended Waqf Act, the composition of state Waqf Boards has been comprehensively restructured.
Official sources indicate that, under the new provisions, only elected members are permitted to complete their term, while all nominated members must step down. As a result, the state govt is required to reconstitute the board in accordance with the updated law."The current board, constituted under the repealed section 14, no longer holds any lawful or constitutional authority to conduct meetings or make decisions, as doing so would violate the spirit of the amended Act," a senior official from the
minority welfare
department said.
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Although the matter is currently under consideration by the Supreme Court, there is no stay or status quo order in place, the official clarified.Despite this, the board chairman recently wrote to the chief executive officer of the board, requesting that a meeting be convened within two weeks to address various pending issues. Some govt officials emphasised that once a law is passed by Parliament, it becomes the law of the land, and all statutory bodies are obliged to comply.
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"Refusing to abide by the law constitutes contempt of the legislature and could even invite criminal action," said a senior official.Govt sources expressed concern that holding a meeting without reconstituting the board to reflect the new legal requirements—particularly regarding the inclusion of new members—would not only violate the amended Act but could also be construed as contempt of Parliament. They cautioned that the state govt could be required to justify its actions to the Centre, and that the chief secretary might even be summoned if the meeting proceeds without compliance.In his communication, the chairman pointed out that the last meeting of the Waqf Board was held in Oct 2024, and that several public issues and grievances remain unresolved. He argued that the board retains the authority to address such matters and make decisions in the public interest.Following the chairman's letter, sources indicate that CEO Mohammed Asadullah has forwarded the matter to the state govt for further direction. Chief minister A Revanth Reddy, who holds the minority welfare portfolio, is expected to seek legal advice before making a decision on whether the meeting can legally be held.

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