In Brief
A Muslim member of a Bar Council serving on a Waqf Board ceases to hold that Board position when their Bar Council tenure expires, provided another Muslim member is available to replace them. The Supreme Court overruled the High Court's view that Explanation II of the Wakf Act applies only to MPs and legislators. The Court held that the explanation applies to Bar Council members too, as all three categories share the same eligibility principle: membership must be current. An ex-Bar Council member can only serve on the Board if no sitting Muslim member or senior advocate is available. The appellant's appointment was upheld as the only Muslim Bar Council member.
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