SC halts mosque survey orders, restricts lower courts in pending cases
The Andhra Pradesh government, led by Chief Minister N. Chandrababu Naidu, has officially dissolved the state Waqf Board through Government Order (GO) 75, issued on November 30, citing ongoing legal disputes and the non-functioning of the board since its formation in March 2023. The board, initially constituted under the YSR Congress Party government, had been marred by legal challenges regarding its formation and election processes, resulting in its inability to operate effectively.
The main legal issues leading to the dissolution stemmed from the election of board member Shaik Khaja. Khaja’s eligibility and appointment were challenged in court, and the Andhra Pradesh High Court stayed the election of the board’s chairperson in response to petitions questioning the legality of the election and the validity of GO 47, which established the board. The High Court’s order effectively stalled the functioning of the board, which had been unable to fulfill its duties due to these unresolved legal issues.
The Andhra Pradesh government cited the prolonged non-functioning of the board as a key factor in its decision to dissolve it. The government order also referred to the pending writ petitions that questioned the legality of the board’s formation and the election process. In addition, the Chief Executive Officer of the Waqf Board had informed the government that the board’s continued non-functioning had caused administrative and operational challenges in the management of Waqf properties. The state government decided to dissolve the board to resolve the legal issues and prevent further administrative complications.
The composition of the Waqf Board had also been a source of criticism. The board, which consisted of three elected members and eight nominated members, faced allegations that it lacked proper representation, including from Sunni and Shia scholars and former parliamentarians. The appointments to the board had also raised concerns, with allegations that junior advocates were nominated to the board without clear criteria, leading to potential conflicts of interest with senior advocates who were involved in Waqf-related legal matters. These issues further hindered the board’s operations and its ability to manage Waqf properties.
The dissolution of the Waqf Board comes at a time when Waqf boards across several Indian states are facing scrutiny over alleged encroachments and land disputes. The central government’s Waqf (Amendment) Bill, 2024, which seeks to streamline the management of Waqf properties through reforms such as digitization and stricter audits, has been a subject of national debate. The bill, introduced in August 2024, has led to protests by Muslim organizations and opposition parties, who claim that the bill infringes on the constitutional rights of the Muslim community. The bill is currently being reviewed by a Joint Parliamentary Committee, which is considering the proposed amendments.
Following the dissolution, the Andhra Pradesh government has indicated plans to reconstitute the Waqf Board. The new board is expected to be formed soon, with senior leaders like Shaik Abdul Aziz, a former mayor of Nellore and TDP leader, speculated to play a significant role. The reconstitution is aimed at addressing the legal challenges and ensuring the proper management of Waqf assets, with a focus on avoiding further disputes and enhancing the board’s effectiveness in the future.