The Supreme Court has ruled that a Muslim member of a State Bar Council cannot continue as a member of a State Waqf Board after he ceased to be a member of the Bar Council, as per Section 14 of the Waqf Board Act.
The Court clarified that Explanation II of the section applies equally to Bar Council members and cannot override the main provision.
The court also added that an ex-member can be appointed only if no Muslim Senior advocate or Bar Council member is available.
Overturning the Manipur High Court's decision, the court declared that the Bombay High Court's ruling in Shri Asif was not good law. (Md. Firoz Ahmad Khalid v. The State of Manipur & Ors.)
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