Manipur High Court
Md Nasir Khan & Anr vs State Of Manipur Anr on 8 July, 2026
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
10-11
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.511 of 2026 with
MC (WP(C)) No.522 of 2026
Md Nasir Khan & Anr ... Petitioner
-Versus-
State of Manipur Anr ... Respondents
BEFORE
HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA
8.7.2026
Heard Mr.H.S.Paonam, learned senior counsel assisted by
Mr.S.Gunabanta, learned counsel for the petitioners.
Petitioners are aspiring candidates for the coming
Panchayat Election to be held in the month of October, 2026 and
Municipal Election, not fixed at the moment.
Petitioners are aggrieved by the Notification dated
2.7.2026 issued by the Chief Executive Officer, WAQF Board, Manipur
for constitution of first WAQF Board under the provisions of the Unified
Waqf Management, Empowerment, Efficiency and Development Act,
1995 (as amended in 2025) (UMEED Act, 1995).
Mr.H.S.Paonam, learned senior counsel draws attention
of this Court to the provisions of Section 14 which has incorporated in
the Notification dated 2.7.2026. The same read as under:
“14. Composition of Board- (1) The Board for a State and
the National Capital Territory of Delhi shall consists of,
not more than eleven members, to be nominated by the
State Government,
(a) a Chairperson;
(b) (i) one Member of Parliament from the State or, as
the case may be, the National Capital Terriroty of
Delhi;
(ii) one member of the State Legislature;
(c) The following members belonging to Muslim
community, namely-
(i) One mutawali or the waqf having an annual
income of one lakh rupees and above;
(ii) One eminent scholar of Islamic theology;
(iii) Two or more elected members from the
Municipalities or Panchayats;”
It is submitted that in Manipur, at present,
Municipality/Panchayat Bodies are defunct as no election has been
conducted after expiry of the normal tenure of five years. Section 14
(1) (c) (iii) prescribes two or more elected members from the
Municipalities or Panchayats and the impugned Notification is in
violation of mandatory provisions of Section 14 of the Act.
It is prayed that Notification be deferred and direct to
constitute after election of Panchayat and Municipal is completed.
Issue Notice.
Ms.Sarmila, learned Jr.Govt counsel assisting
Mr.H.Devendra, learned Deputy. A.G, accepts notice on behalf of
respondent No.1. Petitioner is directed to take steps on respondent
No.2 by Speed post and dasti.
Mr.Devendra, learned Dy.A.G, Manipur prays for three
weeks time for filing counter affidavit.
This Court is of the view that only elected members of
Pancyat/Municipal are to be considered for being considered members
of Waqf Board in terms of Section 14 (1)(c) (iii) of the Act.
List it on 14.8.2026 before the roster bench.
JUDGE
Priyojit
KH. Digitally signed
by KH. JOSHUA
JOSHUA MARING
Date: 2026.07.08
MARING 14:04:26 +05'30'
