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2015 (6) TMI 1228 - HC - Indian LawsJurisdiction - Refusal to pass an order of temporary injunction - impugned order passed by a chairman and a member - within jurisdiction and coram non-judice or not - Section 83(4) of the Waqf Act 1995 - HELD THAT:- The legislatures were conscious of the eventuality that the filling of the vacancy may take some time and there cannot be a moratorium or keeping the Board defunct until the vacancy is filled. The aforesaid Section clearly reflects the legislative intent that the defect in the Constitution or vacancy shall not invalidate any act or the proceedings and the Board of Auqaf. The like provision has not made in relation to an act or proceedings before the Waqf Tribunal at the time of enactment of the said Act as the said Tribunal was composed of one member - In absence of similar provision, the intention of the legislature is manifest that the authority which derives power from a statute are required to discharge strictly inconformity therewith. The Tribunal not validly constituted passes any order or entertain any proceeding is acting without jurisdiction and such actions are nullity. Admittedly, the impugned order is passed by the Tribunal consisting of a Chairman and one member when the statute mandates that the composition of the Tribunal shall be of three persons one of which should act as a chairman and others as a members thereof. The impugned order per se is a nullity and suffers from coram non-judice. This Court, therefore, finds that the impugned order passed by the Tribunal suffers from incurable infirmities and illegalities and, therefore, cannot be sustained. The order impugned is thus set aside. The State is directed to constitute the Tribunal strictly inconformity with sub-Section 4 of Section 83 of the Waqf Act 1985 within six months from the date of the communication of this order - The revisional application is thus disposed of.
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