In Brief
The Tamil Nadu Waqf Board was superseded in 2019 after the number of elected members fell below nominated members when a Muslim Member of Parliament's term ended. The State contended that two nominated Senior Advocates could not be treated as elected members, violating Section 14(4) of the Waqf Act (which requires elected members to exceed nominated members). The Supreme Court held that the State, not the Board, was responsible for maintaining statutory composition through timely elections or discretionary nomination. Since the Board committed no misconduct and the State caused the deficiency, supersession was unlawful. The Court upheld the High Court's order restoring the two elected Mutawalli members to office for their five-year terms.
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