The one member tribunal will continue to exercise jurisdiction till the time the State constitutes three members tribunal by notification in the Official Gazette, the bench said. Supreme Court has directed all the States to immediately take steps for constituting a three member Waqf Tribunal, mandated by Section 83(4) of the Waqf Act. Apex Court Bench comprising of Justices M.Y. Eqbal and C. Nagappan said it takes serious exception to the conduct of the States who have not till date issued fresh notification constituting three member Tribunal, after 2013 amendment mandated the same. The court also has directed the states to issue notification within four months. Background The Bench issued these directives in an appeal against High court judgement wherein it was held that the Waqf suit instituted before one member Waqf tribunal was not maintainable. In this case, the plaintiff instituted the suit before the one member Maharashtra Waqf Tribunal, Aurangabad. Aggrieved with the order of Tribunal partly granting temporary injunction, the defendants moved the High court.The High court set aside the Tribunal order saying that it has no jurisdiction. According to High court “On and after 1.11.2013, being the date when Amendment Act came into force, a single… Read full this story
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