rendered the Tamil Nadu State Waqf Board non-functional over alleged non-compliance with statutory membership requirements.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi passed the interim order while issuing notice in a Special Leave Petition filed by the Tamil Nadu Waqf Board.
The Court stayed the impugned order and directed the State Government to submit a proposal for properly constituting the Board.
“Issue notice. The impugned order by which the Board has been made defunct is stayed. The State Government shall place a proposal for the constitution of the Board,” the Bench recorded.
Submissions Before the Supreme Court
Senior Advocate P. Wilson, appearing for the Board, submitted that the State has already appointed eight of the eleven members. Only three posts remain vacant.
He argued that these vacancies do not justify stopping the Board’s functioning.
Wilson also informed the Court that the State could not appoint a Bar Council nominee because Bar Council elections are underway.
Background of the Dispute
The Special Leave Petition challenges an interim order of the Madras High Court. The High Court had restrained the Tamil Nadu Waqf Board from exercising its statutory powers.
The writ petition before the High Court questioned the Board’s constitution under Section 14 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
Alleged Non-Compliance Under Section 14
Before the High Court, the petitioner argued that the State failed to comply with Section 14(1).
Clause (d) requires the nomination of two persons with professional experience in business management, social work, finance or revenue, agriculture, or development activities. However, the State nominated only one person.
The petitioner also submitted that the State did not nominate any Member of the State Bar Council under clause (f) of Section 14(1).
He further relied on the second proviso to Section 14(1). It mandates that two members appointed under sub-section (1), excluding ex officio members, must be non-Muslim. According to the petitioner, this requirement remains unmet.
State’s Stand Before the High Court
The State submitted that it had nearly completed the Board’s constitution. It also informed the Court that steps were underway to fill the remaining vacancies.
The State argued that two members appointed under the earlier regime continue under enabling provisions of the amended law. It contended that authorities should not count these members while calculating the requirement of two non-Muslim members.
High Court’s Findings
The High Court examined Section 14 and referred to the Supreme Court’s interim order in In Re: The Wakf Amendment Act, 2025 (1). In that order, the Supreme Court directed that the number of non-Muslim members in a State Waqf Board should not exceed three.
On a prima facie reading of Section 14, the High Court found non-compliance. It noted:
- Only one nomination under clause (d)
- No nomination under clause (f)
- The requirement of two non-Muslim members was not satisfied
The High Court restrained the Board from exercising its powers under the Act. It granted time to the State to file its reply and listed the matter for January 19, 2026. The respondents received liberty to seek vacating of the stay.
Present SLP
The Special Leave Petition, titled Tamil Nadu Waqf Board v. State of Tamil Nadu, challenges this interim order of the Madras High Court.
