The Lucknow bench of the Allahabad high court has rejected a compliance affidavit filed by Monika S Garg, additional chief secretary (ACS), minority welfare and waqf department, in connection with the delay in elections to the Uttar Pradesh Sunni Waqf Board (UPSWB). The court has directed that if a fresh affidavit is not filed by the next hearing on May 19, 2025, Garg must appear in person for the purpose of framing of charges.
As per the Waqf Act, 1995, two Muslim members from the Uttar Pradesh Legislative Assembly must be elected to the UPSWB.
Justice Rajeev Singh passed the order on April 3 while hearing a contempt petition filed by one Mohammad Ishaq alias Babby Chawdhary. The petitioner sought to initiate of contempt proceedings against the respondent S Garg for alleged non-compliance with a March 11, 2024, high court order.
“As the affidavit of compliance is also filed by Smt Monika S Garg, ACS, minority welfare and waqf department, Lucknow but no proper reasoning is given as to why the order passed by the writ court was not complied with within time and no time frame has been mentioned for conclusion of the election as ordered by the writ court, therefore, affidavit of compliance is hereby, rejected,” the court stated.
Earlier, the HC had issued a contempt notice to Garg asking why contempt proceedings should not be initiated for alleged wilful disobedience of the judgment dated March 11, 2024. That order, issued in a public interest litigation (PIL), had directed the state government to conclude the ongoing election process for members of the UPSWB within two months.
{{/usCountry}}Earlier, the HC had issued a contempt notice to Garg asking why contempt proceedings should not be initiated for alleged wilful disobedience of the judgment dated March 11, 2024. That order, issued in a public interest litigation (PIL), had directed the state government to conclude the ongoing election process for members of the UPSWB within two months.
{{/usCountry}}Appearing on behalf of the petitioner, advocate KK Pal had submitted that the division bench’s order had not been acted upon, and urged the court to initiate contempt proceedings.
The PIL, filed by Chawdhary last year, sought court directives for holding elections to appoint two members to the UPSWB by statutory provisions.
During the hearings, a division bench had asked the state government to explain the delay in conducting elections under Section 14(1)(b) of the Waqf Act, 1995, which mandates the election of members for the effective functioning of the Board.
In response, the state counsel had informed the court that the election process was underway and would be completed soon. However, the recent affidavit failed to specify a timeline, prompting the court to take a stricter stance.