The Allahabad High Court has asked the Additional Chief Secretary of the Minority Welfare and Waqf Department, Government of Uttar Pradesh, to submit an affidavit confirming compliance with the High Court's previous order from March 2024. This direction specifically relates to the completion of the election process for the Members of the Uttar Pradesh Sunni Waqf Board within a two-month period.
The directive came from a single-judge bench of Justice Rajeev Singh, who also stated that failure to file the affidavit by May 19, 2025, the next scheduled date for the case hearing, would result in the concerned officer being summoned in person for potential contempt proceedings.
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"If the affidavit sought by the Court is not filed by the next date of listing, the officer concerned shall appear before the Court for the purpose of framing of contempt charges."
— Justice Rajeev Singh, Allahabad High Court
This development occurred in response to a contempt application filed by Mohammad Ishaq @ Babby Chawdhary. He argued that the directions issued by the High Court had not been followed by the Minority Welfare Department, despite the Court's clear orders.
The origin of the case dates back to a PIL (Public Interest Litigation) filed in 2023 by the applicant, pushing for the overdue elections of members to the UP Sunni Waqf Board. The legal basis was Section 14(1)(b) of the Wakf Act, 1995, which mandates regular elections for the board’s constitution.
During the hearing on March 11, 2024, the Standing Counsel for the State informed the High Court that the election process had already started and would be completed shortly. Based on this assurance, a Division Bench disposed of the PIL, instructing the State Government to ensure elections are concluded within two months.
However, when no elections were held within that period, the petitioner moved the present contempt petition, stating that the Court's March 2024 directive was ignored.
“The order of the writ court was communicated to the respondent on June 13, 2024, but there was no compliance.”
— Counsel for the Applicant
The Court was further informed that by order dated March 28, 2025, Mr. Krishna Murari, District Minority Welfare Officer, Prayagraj, and Mr. Tanmay Pandey, District Minority Welfare Officer, Siddharth Nagar, had been appointed as Assistant Returning Officers for conducting the elections.
Although the Additional Chief Secretary did submit an affidavit claiming compliance, the Court found it lacking in substance. The affidavit failed to justify the delay in implementing the Court's instructions and also did not mention any revised timeline for conducting the elections.
"The affidavit failed to provide a valid explanation for not complying with the court's order within the specified time. Additionally, it did not mention any new timeline for completing the elections."
— Allahabad High Court Observation
The Court, dissatisfied with the response, maintained its stance and sought a more detailed and factual affidavit by the next hearing date.
Advocates Krishan Kanhaya Pal, Pooja Pal, and Vishnu Deo Yadav appeared on behalf of the applicant in this matter.
This case highlights the importance of judicial compliance, especially in governance-related matters where public bodies are bound to fulfill their legal obligations in time. The High Court’s strong stance also underscores its commitment to ensuring transparency and accountability in the functioning of statutory boards like the Waqf Board.
Advocates Krishan Kanhaya Pal, Pooja Pal, and Vishnu Deo Yadav appeared for the Applicant
