HC poser to Delhi govt over Amanatullah Khan’s bid for waqf board chair

A bench of justices Hima Kohli and Subramonium Prasad posed the query to the Delhi government during the hearing of a plea, seeking quashing of a notification which called for a meeting of the elected waqf board members on Monday evening to elect one of them, including Amanatullah, as the chairperson.

The Delhi high court on Monday asked the Delhi government how MLA Amanatullah Khan could be appointed as chairperson of the Delhi Waqf Board when a special audit initiated to look into allegations of irregularities against him is pending.

Delhi high court (HT file photo)

A bench of justices Hima Kohli and Subramonium Prasad posed the query to the Delhi government during the hearing of a plea, seeking quashing of a notification which called for a meeting of the elected waqf board members on Monday evening to elect one of them, including Amanatullah, as the chairperson.

“Issue is whether a person facing serious allegations of irregularities should be allowed to be made chairperson of the board when the Delhi government has ordered a special audit regarding allegations against him. Why should he be allowed to be part of the system when there are serious allegations against him,” the bench asked.

The Delhi government had last month ordered a special audit into alleged irregularities by Amanatullah Khan during his tenure as Delhi Waqf Board chairperson during March 2016 and March 2020

Additional Solicitor General (ASG) Sanjay Jain, appearing for the Delhi government, informed the court that the board has nothing to do with the special audit and the findings would be placed directly before the government. The bench listed the matter for hearing on November 9 after Jain said the meeting of the board to elect a chairperson would be deferred till November 19.

The court was hearing a plea filed by Mohd Iqbal Khan.The bench then asked whether Khan intends to contest for the post of chairperson.

Advocate KC Mittal, appearing for Khan, said that under section 16 of the Waqf Board Act, if any member who incurs disqualification, he cannot be elected as a member or chairperson. As far as his client is concerned, he has not been disqualified at any instance. The section is very clear and specific that unless someone is convicted or charged of corruption or moral turpitude, there is no bar from him being elected again as chairman, Mittal said.

The court also asked the ASG to place before it, on the next date, the rules and judgments which permit a third party to challenge waqf board elections before a tribunal set up for the purpose.

The petitioner, who claims to be a social worker, said the notification calling for a meeting of the board members on October 19 was issued on October 7 and therefore, he did not have the time to move a representation to the concerned authority.

He has alleged in his petition that there are also several criminal cases against the MLA. Khan has in the past accused Delhi police of filing false cases against him and called the police a political conspiracy.

The waqf board is the custodian of over 2,000 properties in Delhi such as mosques, graveyards, schools, residential buildings and shops.